PTAB declines to institute IPRs on Orthopaedic Hospital patents

July 21, 2015 – Patent Trial and Appeal Board Administrative Patent Judge Christopher G. Paulraj issued two decisions on July 16, denying requests by DePuy Orthopaedics, Inc. for inter partes reviews of Orthopaedic Hospital’s U.S. Patent No. 8,658,710, entitled “Oxidation-Resistant and Wear-Resistant Polyethylene for Human Joint Replacements and Methods for Making Them” in Case IPR2015-00510 and U.S. Patent No. 8,796,347, entitled same in Case IPR2015-00512.  APJ Paulraj, along with panel members Grace Karaffa Obermann and Jo-Anne M. Kokoski, declined to institute the IPRs because DePuy’s petitions failed to establish that either the ’710 patent or the ’347 patent was obvious over any of the asserted prior art.  Orthopaedic Hospital’s patents are directed to the use of cross-linked, oxidation-resistant polyethylenes for making medical implants, such as artificial joint components.

By: Frederick C. Millett

U.S. Patent No. 8,658,710

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