On June 11, 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”). The inter partes review involves the patentability of claims 1-65 recited in U.S. Patent No. 7,981,158 (“the ‘158 Patent”). The ‘158 Patent is owned by ConforMIS, Inc. and is drawn to patient selectable joint arthroplasty devices and surgical tools. In the final written decision, the Board held that the Petitioner had shown by a preponderance of evidence that the challenged claims were unpatentable over various patent and non-patent literature documents under 35 U.S.C. § 103. The inter partes review remains pending at the Board and is captioned IPR2017-00510.
By: Jacqueline A. DiRamio