On December 16, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final decision in an inter partes review regarding a petition filed by Globus Medical, Inc. (“Petitioner”) over the patentability of claims 1, 8, and 34 recited in U.S. Patent No. 6,423,063 (“the ‘063 Patent”). The ‘063 Patent, which issued on July 23, 2002, is owned by Bonutti Skeletal Innovations LLC and is drawn to a wedge member for changing the orientation of bones. In the decision, the Board denied the institution of the inter partes review because the Petitioner had not demonstrated a reasonable likelihood of prevailing on any of the asserted grounds. The inter partes review remains pending at the Board and is captioned IPR2015-01345.
By: Jacqueline A. DiRamio