United States Federal Circuit

In an appeal arising out of a petition for inter partes review of certain claims of a patent related to spinal fusion implants designed to be inserted between two vertebrae to replace a damaged or diseased intervertebral disc, the PTAB's decision is reversed in part where: 1) Medtronic's petition did not notify NuVasive of the assertions about the pertinent portions of a prior art reference that later became critical; and 2) the Board's ultimate reliance on that material, together with its refusal to allow NuVasive to respond fully once that material was called out, violated NuVasive's rights under the Administrative Procedure Act.

Appellate Information

• Published 2016/11/09

Judges

• TARANTO

Court

• United States Federal Circuit

Counsel