April 9, 2015 – Administrative Patent Judge David C. McKone in an April 3, 2015 final written decision, held that Medtronic, Inc. had demonstrated by a preponderance of the evidence that all claims of NuVasive, Inc.’s U.S. Patent No. 8,005,535, entitled: “System and Methods for Performing Surgical Procedures and Assessments,” were unpatentable based on obviousness over various prior art references. The IPR proceedings are Case IPR2014-00081 and Case IPR2014-00087. NuVasive’s patent at issue generally related to techniques employing medical devices for spinal surgery. Fitzpatrick, Cella, Harper & Scinto partners Justin J. Oliver and Brian L. Klock were the lead attorneys for Medtronic in both IPR proceedings.
By: Frederick C. Millett