Petition for inter partes review by Smith & Nephew, Inc. et al.

On February 18, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final written determination in an inter partes review regarding petitions filed by Smith & Nephew, Inc., Wright Medical Group, Inc. and Wright Medical Technology, Inc. (“Petitioners”) over the patentability of claims recited in U.S. Patent No. 7,806,896 (“the ‘896 Patent”).  The ‘896 Patent, which issued on October 5, 2010, is owned by Bonutti Skeletal Innovations, Inc. and is drawn to a knee arthroplasty method.  In the final determination, the Board found that claim 1 of the ‘896 Patent, reciting a method for performing knee replacement surgery, is unpatentable as being obvious over (i) Stulberg (a prior art document related to Computer-Assisted Total Knee Replacement) and Scorpio (a prior art document related to Total Knee Replacement Instruments) and/or (ii) Delp (a prior art document related to Computer Assisted Knee Replacement) and Scorpio. The inter partes review remains pending at the Board and is captioned IPR2013-00629.

By:  Jacqueline A. DiRamio

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