Institution Denied in Bone and Joint Stabilization Inter Partes Review

On March 1, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) denied institution of IPR2018-01548 filed by OrthoPediatrics Corp. and OrthoPediatrics US Distribution Corp. (“Petitioners”).

In IPR2018-01548 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 1, 3, 5, 6, 9, 15, and 17-19 as obvious under 35 U.S.C. § 103.

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.

The Board previously denied IPR2018-01547 and IPR2018-01548 on the ‘664 patent by the same Petitioners for the same reasons.

By:  April Breyer Menon

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