IPR Instituted on Claims Directed to A Vertebrae Alignment System

September 11, 2015 – On August 9, 2015, the PTAB granted two petitions filed by Medtronic, Inc. requesting inter partes review of U.S. Patent Nos. 7,670,358 (“the ’358 Patent”) and 7,776,072 (“the ’072 Patent”) related to a system and method for aligning vertebrae to ameliorate spinal column anomalies.  Both patents are owned by Mark A. Berry.  The PTAB concluded that the Petitions established a reasonable likelihood that Petitioner would prevail in showing that claims 1-5 of the ’358 Patent and claim 1-4 of the ’072 Patent are unpatentable as obvious.  The PTAB denied two similar Petitions filed by Medtronic alleging that claims 1-5 of the ’358 Patent and claims 1 and 2 of the ’072 Patent are anticipated.  The cases are captioned Medtronic, Inc. v. Mark A. Berry, IPR2015-00780 and IPR2015-00783.

By: Ketan V. Patel

View Attachment (PDF)