PTAB Denies to Institute Smith & Nephew, Inc.’s Petition for Inter Partes Review

July 12, 2017 – On July 7, 2017, the PTAB denied institution of an inter partes review of a patent directed to a joint arthroplasty system under 35 U.S.C. § 103(a) because the Petitioner has not demonstrated that there is a reasonable likelihood that claims 1–20 are unpatentable.  Smith & Nephew, Inc. filed a petition for inter partes review against ConforMIS, Inc.  The petition asserted that claims 1-20 of U.S. Patent No. 9,295,482 are unpatentable on obviousness grounds.  The ‘486 patent claims a simple surgical system for repairing a joint of a patient (e.g., the femur or tibia in knee replacement surgery).  The IPR numbers are 2017-00487 and 2017-00488.

By: Becky E. Steephenson