There will be no SoCal IP Institute meeting on Monday, November 21, 2016. At our next SoCal IP Institute meeting on Monday, Nov. 28, 2016, we will discuss the following:
In re Nuvasive, Inc. (Fed. Cir. November 9, 2016) (available here). Medtronic filed petitions for inter partes review of Nuvasive’s patents related to spinal fusion implants designed to be inserted between two vertebrae to replace a damaged or diseased intervertebral disc, which were instituted. The Patent Trial and Appeal Board cancelled all but of one of the challenged claims, finding that one prior art reference met two of the claim requirements. The Federal Circuit reversed the decision in part, finding that Medtronic’s petition did not notify NuVasive of the assertions about the relevant portions of this reference that later became critical, and the Board’s reliance on that material, along with its refusal to allow NuVasive to respond fully, violated NuVasive’s rights under the Administrative Procedure Act.
All are invited to join us on Monday, Nov. 28, 2016, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.