IN RE WARSAW ORTHOPEDIC, INC.

2015-1050 2015-1058.

832 F.3d 1327 (2016)

IN RE: WARSAW ORTHOPEDIC, INC., Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 9, 2016.


Attorney(s) appearing for the Case

JOHN C. O'QUINN , Kirkland & Ellis LLP, Washington, DC, argued for appellant. Also represented by WILLIAM H. BURGESS , BRIAN H. GOLD ; LUKE DAUCHOT , STEVEN PAPAZIAN , NIMALKA R. WICKRAMASEKERA , Los Angeles, CA.

MONICA BARNES LATEEF , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor Michelle K. Lee. Also represented by THOMAS W. KRAUSE , STACY BETH MARGOLIES , SCOTT WEIDENFELLER.

Before PROST, Chief Judge, BRYSON and WALLACH, Circuit Judges.


Based on two petitions filed by NuVasive, Inc. ("NuVasive"), the United States Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board ("PTAB") instituted inter partes reviews of claims 1-30 of U.S. Patent No. 8,251,997 ("the '997 patent"). In separate Final Written Decisions, the PTAB found claims 1-8 and 17...

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