On January 10, 2019, Alphatec Holdings, Inc. (“Petitioner”) filed a Petition to the USPTO’s Patent Trial and Appeal Board (“Board”) for inter partes review of claim 16 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 claim 16 is 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 IPR2019-00546.
By: April Breyer Menon