Category Archive: New Argument in Reply

Nov 17

In re NuVasive Brings the Administrative Procedure Act to IPRs

NuVasive owns US 8,187,334, which claims certain spinal implants. Medtronic filed a petition challenging various claims of the ‘334 patent as obviousness over US 2002/0165550 (Frey) in view of US 5,860,973 (Michelson). Medtronic also filed a second petition challenging other claims over a promotional brochure for the Synthes Vertebral Spacer-PR (SVS-PR) in view of Michelson. …

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May 10

PTAB’s Decision to Ignore New Arguments in Petitioner Reply Affirmed by CAFC

On Monday, the Federal Circuit affirmed a judgment by the PTAB that the challenged claims in Illumina’s US 7,566,537 are not unpatentable. The Federal Circuit affirmed in a way that imposes an important constraint on the PTAB going forward. Intelligent Biosystems (IB) had challenged several claims that cover a method of labeling DNA. IB proposed …

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