PTAB declines to institute IPR on DePuy Synthes Products’ patent

May 5, 2015 – Patent Trial and Appeal Board Administrative Patent Judge Mitchell G. Weatherly issued a decision on May 1, denying a request by Globus Medical, Inc. for inter partes review of DePuy Synthes Products, LLC’s U.S. Patent No. 8,623,057, entitled “Spinal Stabilization Device” in Case IPR2015-00099.  APJ Weatherly, along with panel members Benjamin D. M. Wood and Scott E. Kamholz, declined to institute the IPR because Globus Medical’s petition failed to establish that the asserted reference was prior art under 35 U.S.C. § 102(e).  DuPuy Synthes’s ’057 patent is also the subject of the lawsuit DePuy Synthes Products, LLC v. Globus Medical, Inc., C.A. No. 14-11-RGA (D. Del. Jan. 7, 2014).

By: Frederick C. Millett