Nuvasive, Inc. v. Warsaw Orthopedic, Inc.
Addressing the propriety of combining prior art in an
obviousness analysis, U.S. Patent and Trademark Office's (PTO)
Patent Trial and Appeal Board ("PTAB" or
"Board") determined that a patent for a spinal implant
for promoting fusion of vertebrae was obvious in light of a
combination of three references describing other spinal implants
for the same purpose, finding that combinations of predictable
elements in the prior art need not be advantageous.
Nuvasive, Inc. v. Warsaw Orthopedic, Inc., Case No.
IPR2013-00396 (PTAB, Dec. 17, 2014) (Green, APJ).
The patent in question described an implant with a top and
bottom that was convex with ratchets oriented toward the front to
prevent the implant from sliding back out while the surrounding
bone grew into vertical holes going through the
implant. The petitioner argued that the combination of
three prior patents—Steffee, Michelson and Kim—rendered
the patent in question
