Tag Archive: remand

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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Nov 17

PTAB’s Ambiguous Language Is Basis For Federal Circuit Vacating PTAB’s Opinion

Yesterday, the Federal Circuit remanded a PTAB decision for just the second time.  In Ariosa Diagnostics v. Verinata Health, Inc., the Federal Circuit vacated and remanded the Board’s decision upholding the validity of Verinata’s patent because the Board’s opinion was ambiguous as to whether or not it had appropriately considered a prior art brochure (identified …

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