July 17, 2017 – Patent Trial and Appeal Board Administrative Patent Judge Patrick R. Scanlon issued a decision on July 13, 2017, denying a request by Smith & Nephew for inter partes review of ConforMIS, Inc.’s U.S. Patent No. 7,534,263, entitled “Surgical tools facilitating increased accuracy, speed and simplicity in performing joint arthroplasty” in Case IPR2017-00545. Smith & Nephew failed to establish a reasonable likelihood of prevailing in showing the unpatentability of claims 1-3, 6-28, 31-34, and 36-49 under 35 U.S.C. § 103(a) over various combinations of prior art.
By: Joyce L. Nadipuram