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

On April 19, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final written decision in an inter partes review regarding a petition filed by Smith & Nephew, Inc. (“Petitioner”).  In the final written decision, the Board determined that the Petitioner had shown, by a preponderance of the evidence, that claims 1-20 recited in U.S. Patent No. 9,216,025 (“the ‘025 Patent”) were unpatentable under 35 U.S.C. § 103.  The ‘025 Patent, which is owned by Conformis, Inc., is drawn to a joint arthroplasty device and surgical tool.  The inter partes review remains pending at the Board and is captioned IPR2017-00115.

By:  Jacqueline A. DiRamio

View Attachment (PDF)