On June 27, 2013, NuVasive, Inc. filed two petitions with the Patent Trial and Appeal Board requesting inter partes review of Warsaw Orthopedic, Inc.’s U.S. Patent No. 8,444,696.
The ’696 Patent is entitled “Anatomic Spinal Implant Having Anatomic Bearing Surfaces.” The ’696 Patent relates to “an interbody spinal implant having a structural configuration that provides for maintaining the normal anatomic relationship of two adjacent vertebrae of the spine.” Figure 1 from the ’696 Patent is shown below:
The ‘696 Patent has 19 issued claims. The first petition (IPR2013-00395) seeks review of claims 1-6, and the second petition (IPR2013-00396) seeks review of claims 7-12. The petitions also identify a lawsuit between NuVasive and Warsaw Orthopedic that is currently pending in the Southern District of California, and state that Warsaw Orthopedic has asked the Court for permission to add the ’696 Patent to that lawsuit. Warsaw’s original complaint in that lawsuit, filed on August 17, 2012, alleges infringement by NuVasive of U.S. Patent Nos. 8,021,430 and 5,676,146.