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Petition for Inter Partes Review by NuVasive, Inc. of Warsaw Orthopedic, Inc.’s Patent No. 8,251,997 (NuVasive’s motion to reconsider final written decision denied)

Defendant: Warsaw Orthopedic, Inc.

Court: U.S. Patent Office Patent Trial and Appeal Board

Date: Sep 05, 2014

Docket: IPR2013-00206

Judge: Stephen C. Siu

August 28, 2014 – Motion to reconsider Final Written Decision denied

July 10, 2014 – In a Final Written Decision, Claims 17-23 determined to be unpatentable and cancelled.

September 23, 2013 – Based on the Board’s claim construction, the Board determined that there is a reasonable likelihood that NuVasive would prevail in showing unpatentability of all challenged claims.  Therefore, the Board authorized institution of an inter partes review of all challenged claims.

March 22, 2013 – NuVasive petitions for Inter Partes Review at the United States Patent Office for U.S. Patent No. 8,251,997, and requests that the claims be found unpatentable.  The ‘997 patent is directed to a Method for Inserting an Artificial Implant Between Two Adjacent Vertebrae Along a Coronal Plane.

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