Petition for Inter Partes Review by Zimmer Biomet Holdings, Inc. et al.

On May 31, 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 Zimmer Biomet Holdings, Inc., Zimmer Inc., and Biomet Inc. (“Petitioners”) over the patentability of claims 1-10 recited in U.S. Patent No. 8,702,707 (“the ‘707 Patent”).  The ‘707 Patent, which issued on April 22, 2014, is owned by Advanced Orthopaedic Solutions, Inc., and is drawn to a fixation instrument for treating bone fractures.  In the decision, the Board granted the institution of the inter partes review because the Petitioners had established a reasonable likelihood of prevailing that claims 1-10 of the ‘707 Patent are unpatentable under 35 U.S.C. §§ 102 and/or 103.  The inter partes review remains pending at the Board and is captioned IPR2016-00236.

By:  Jacqueline A. DiRamio

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