Institution Denied in Bone and Joint Stabilization Inter Partes Reviews

On February 14, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) denied institution of IPR2018-01546 filed by OrthoPediatrics Corp. and OrthoPediatrics US Distribution Corp. (“Petitioners”), and on February 22, 2019, the Board denied institution of IPR2018-01547 also filed by Petitioners.

In IPR2018-01546 and IPR2018-01547, the Petitioners challenged claims 1, 3, 5, 6, 8-10, 12, and 15-19 of U.S. Patent No. 9,655,664 (“the ‘664 Patent”) as anticipated under 35 U.S.C. § 102 and claims 9, 15, and 17-19 as obvious under 35 U.S.C. § 103. In IPR2018-01547, the Petitioners also challenged claim 6 as obvious.

The ‘664 Patent is owned by K2M, Inc. (“Patent Owner”) and is drawn to bone and joint stabilization devices. The Board denied institution because the the Petitioners failed to set forth claim constructions for claim terms at issue, and took inconsistent positions regarding the claim constructions in related District Court proceedings.

By:  April Breyer Menon

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