Petition for inter partes review by Stryker Corporation

On February 12, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued decisions in two inter partes reviews regarding petitions filed by Stryker Corporation (“Petitioner”) over the patentability of claims recited in U.S. Patent Nos. 6,241,734 (“the ‘734 Patent”) and 7,153,307 (“the ‘307 Patent”).  The ‘734 Patent, which issued on June 5, 2001, and the ‘307 Patent, which issued on December 26, 2006, are both owned by Orthophoenix, LLC, and are drawn to systems and methods for placing materials into bone.  In the first decision relating to the ‘734 Patent, the Board granted the petition on two of the unpatentability grounds regarding anticipation and obviousness, but denied the petition on a second unpatentability ground relating to anticipation.  In the second decision relating to the ‘307 Patent, the Board again granted the petition on two of the unpatentability grounds regarding anticipation and obviousness, but denied the petition on a second unpatentability ground relating to anticipation. The inter partes reviews remain pending at the Board and are captioned IPR2014-01433 and IPR2014-01434, respectively.

By:  Jacqueline A. DiRamio

IPR2014-01433

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