Puget Bioventures Patent Upheld by Federal Circuit
Patterson Thuente IP and Puget Bioventures were successful at the Federal Circuit with a unique case involving a patent that expired during a PTAB appeal. On January 14, the US Court of Appeals for the Federal Circuit vacated an inter partes re-examination decision, upholding some of the claims and affirming validity of other claims in Puget’s patent on knee replacement technology.
The re-exam was initiated by Puget’s competitor, Biomet Orthopedics, in 2010, during which all of the claims were rejected. Puget responded by amending some claims, but ultimately had to appeal to the Patent Trial and Appeal Board (PTAB). The PTAB held that some of the amended and unamended claims were valid, which led Biomet to appeal. While the appeal was pending, Puget’s patent expired.
The Federal Circuit remanded the case to the Board to determine whether certain amended claims can issue after a patent has expired. However, the Court affirmed the PTAB’s decision that several of the unamended claims are valid.
Article: Fed. Circ. Vacates Re-Exam Ruling After Patent Expires (available to Law360 subscribers)