Federal Circuit Vacates, Remands Invalidation Of Spinal Fusion Patent

(December 8, 2016, 1:51 PM EST) -- WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) erred in deeming various claims of a spinal infusion patent invalid because it “failed to articulate a reason why” a person having ordinary skill in the art (PHOSITA) would have been motivated to modify and combine various prior art references to obtain the invention taught by NuVasive Inc.’s patented system and method, the Federal Circuit U.S. Court of Appeals ruled Dec. 7 (In re:  NuVasive Inc., No. 15-1670, Fed. Cir.; 2016 U.S. App. LEXIS 21748)....

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