Fed. Circ. Tells PTAB To Look At NuVasive Patent Again

Law360 (November 9, 2018, 8:00 PM EST) -- The Federal Circuit on Friday tossed a Patent Trial and Appeal Board decision invalidating a NuVasive patent covering a procedure for spinal surgery as obvious, finding that the board had interpreted a term too broadly and sending the case back for reconsideration.

In a 27-page nonprecedential opinion, a three-judge panel vacated the PTAB's decision in inter partes re-examination of a NuVasive spinal surgery patent. In addition to interpreting too broadly a claim term for the lateral approach in which an implant was inserted in a patient's spine, the board had also erred in finding no connection between NuVasive's patent and its...

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