Synthes Bone Repair Patent Invalid, Fed. Circ. Rules

Law360, New York (July 9, 2013, 5:44 PM EDT) -- The Federal Circuit ruled Tuesday that a Synthes USA patent on a method of repairing bone fractures is obvious, handing a victory to rival Smith & Nephew Inc., which Synthes accused of infringement.

The appeals court reversed a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board that the patent is not invalid, and found that Smith & Nephew presented evidence that the patent was obvious in view of several pieces of prior art.

"While the 'substantial evidence' standard of review for...
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