Petition for inter partes review by Biomet Spine, LLC (IPR2015-00738)

On February 14, 2015, Petitioner, Biomet Spine, LLC (“Biomet”), filed a Petition to the USPTO’s Patent Trial and Appeal Board (“Board”) for inter partes review of claims 1-14 of U.S. Patent No. 6,143,032 (“the ‘032 Patent”) drawn to an intervertebral implant.  The ‘032 Patent, which issued on November 7, 2000, is owned by TLIF, LLC.  In the Petition, Biomet asserts the following grounds: (i) claims 1, 3, and 8-11 are anticipated under 35 U.S.C. § 102(b) by FR Patent No. 2 736 537 (“Vila”), (ii) claims 9-10 and 12 are obvious under 35 U.S.C. § 103(a) over Vila in view of EP 0 599 419 (“Martin”), (iii) claims 1-11, 13 and 14 are obvious under 35 U.S.C. § 103(a) over Vila in view of WO 96/40014 (“McKay”), (iv) claims 9, 10 and 12 are obvious under 35 U.S.C. § 103(a) over Vila in view of McKay and Martin, and (v) claims 9 and 10 are obvious under 35 U.S.C. § 103(a) over Vila in view of McKay and further in view of U.S. Patent No. 5,192,327 (“Brantigan”).  The inter partes review remains pending at the Board and is captioned IPR2015-00738.

By:  Jacqueline A. DiRamio

US 6,143,032

View Attachment (PDF)