On February 25, 2016, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final written decision in an inter partes review regarding a petition filed by Globus Medical, Inc. (“Petitioner”) over the patentability of claim 17 recited in U.S. Patent No. 8,123,810 (“the ‘810 Patent”). The ‘810 Patent, which issued on February 28, 2012, is owned by Flexuspine, Inc., and is drawn to an expandable intervertebral implant with a wedged expansion member. In the decision, the Board denied the institution of the inter partes review because the Petitioner had not established a reasonable likelihood of prevailing that claim 17 of the ‘810 Patent is unpatentable under 35 U.S.C. § 103. The inter partes review remains pending at the Board and is captioned IPR2015-01830.
By: Jacqueline A. DiRamio