Petitions for inter partes review by Medronic, Inc. (IPR2014-00034, IPR2014-00073, IPR2014-00074, and IPR2014-00075)

On April 3, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued final written decisions relating to four Petitions seeking inter partes review filed by Medronic, Inc. (“Petitioner”).  The four Petitions involved inter partes review of (i) claims 1, 5, 7-9, 13-18, and 20 of U.S. Patent No. 8,000,782 (“the ‘782 Patent”), (ii) claims 21, 22, 24-26, 30, and 33-37 of U.S. Patent No. 8,192,356 (“the ‘356 Patent”), (iii) claims 21, 22, 24-26, 30, and 33-37 of the ‘356 Patent, and (iv) claims 1, 2, 4, 5, 10, 15, 17, and 18 of U.S. Patent No. 8,016,767 (“the ‘767 Patent”).  The ‘782 Patent, the ‘356 Patent, and the‘767 Patent are all owned by NuVasive, Inc., and are drawn to surgical access systems and related methods.  In each of the final written decisions, the Board determined that Petitioner had shown by a preponderance of the evidence that the claims of each of the asserted patents are unpatentable as being obvious over the various cited documents.  The cases remain pending and are captioned IPR2014-00034, IPR2014-00073, IPR2014-00074, and IPR2014-00075, respectively.

By:  Jacqueline A. DiRamio




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