On December 21, 2018, Alphatec Holdings, Inc. and Alphatec Spine, Inc. (“Petitioner”) filed a Petition to the USPTO’s Patent Trial and Appeal Board (“Board”) for inter partes review of claims 6-9 and 18 of U.S. Patent No. 8,187,334 (“the ‘334 Patent”). The ‘334 Patent is owned by NuVasive, Inc. and is drawn to a radiolucent spinal fusion implant with radiopaque markers. In the Petition, Petitioner alleges that claims 6-9 and 18 are obvious under 35 U.S.C. § 103 over various patent and non-patent literature documents. The inter partes review remains pending at the Board and is captioned as IPR2019-00361.
By: April Breyer Menon