Warsaw Orthopedic Asks Federal Circuit to Revive Spinal Implant Patent

July 7, 2016 – Warsaw Orthopedic argued to a Federal Circuit panel to revive a patent cord implant patent that the Patent Trial and Appeal Board invalidated as obvious.  Warsaw Orthopedic argued that the Board misinterpreted the prior art and incorrectly combined references to make the patent obvious.  The patent-at-issue is U.S. Patent No. 8,251,997, titled “Method for Inserting an Artificial Implant Between Two Adjacent Vertebrae Along a Coronal Plane.”

The case is captioned NuVasive, Inc. v. Warsaw Orthopedic, Inc. in the U.S. Court of Appeals for the Federal Circuit, 2015-1049.

By:  Christopher J. Stankus