PTAB Upholds Validity of Biomedical Orthopedic Implant Patent

May 5, 2016 – On May 4, 2016, the Patent Trial and Appeal Board denied an America Invents Act review brought by Wright Medical Technology Inc. (“Wright”) against a Biomedical Enterprises Inc. patent directed to an orthopedic implant.  Wright alleged that U.S. Patent No. 9,584,853 (“’853 patent”) was invalid as obvious in light of an invention attributed to William Casey Fox.

The PTAB ruled in a final written decision that the ’853 patent, which covers an orthopedic fixation system comprised of a sterile packaged implant kit and a sterile packaged instrument kit, predates the Fox invention.

By: Ketan V. Patel

View Attachment (PDF)