PTAB Denies Biomedical Enterprises’ Motion to Seal Documents in Dispute with Wright Medical Technology

April 18, 2016 – Patent Trial and Appeal Board Administrative Patent Judge Jeremy M. Plenzler issued a decision on April 14, denying Patent Owner Biomedical Enterprises, Inc.’s request to seal documents in Case IPR2015-00786.   The patent-in-suit in this IPR is U.S. Patent No. 8,584,853, entitled “Method and Apparatus for an Orthopedic Fixation System.”  Despite Wright Medical Technology, Inc. (Petitioner) not opposing the motion to seal, APJ Plenzler ruled that good cause did not exist to seal the documents at issue because Biomedical’s motion to seal did not specifically point out why each exhibit or portions of each exhibit were confidential, but did allow Biomedical to file a new, more detailed motion to seal by April 22. The invention at issue in this IPR consists of a sterile packaged implant kit and a complementary sterile packaged instrument kit, and methods for use and packaging thereof.

By: Frederick C. Millett

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