NuVasive filed an inter partes review of a Warsaw Orthopedic patent in mid-2014, and a final decision has now been handed down, according to a JDSUPRA Business Advisor report.
The Patent Trial and Appeals Board issued a final written decision to dispose of the inter partes reviews for the patents. The Board's decision says NuVasive showed a "preponderance of evidence" that previous patent claims against the company referenced items that were unpatentable.
In 2012, Warsaw Orthopedic and others filed a complaint against NuVasive alleging U.S. patent infringement. Both claims one to six, and seven to 12, of the '696 patent for "Anatomic spinal implant having anatomic bearing surfaces" are unpatentable.