Petition for Inter Partes Review by Smith & Nephew, Inc. and Arthrocare Corp.

On December 15, 2017, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final decision in an inter partes review regarding a petition filed by Smith & Nephew, Inc. and Arthrocare Corp. (“Petitioner”) over the patentability of claims 10 and 11 recited in U.S. Patent No. 8,821,541 (“the ‘541 Patent”).  The ‘541 Patent, which is owned by Arthrex, Inc., is drawn to a suture anchor with insert-molded rigid member.  In the decision, the Board denied the patent owner’s request for rehearing of the final written decision in which claims 10 and 11 were found unpatentable.  The inter partes review remains pending at the Board and is captioned IPR2016-00918.

By:  Jacqueline A. DiRamio

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