United States Federal Circuit

In an appeal of inter partes review by the Patent Trial and Appeal Board involving a patent that generally relates to a system and method for spinal fusion comprising a spinal fusion implant of non-bone construction releasably coupled to an insertion instrument dimensioned to introduce the spinal fusion implant into any of a variety of spinal target sites, the Board's decision finding certain claims of invalid as obvious is vacated and remanded where: 1) the PTAB failed to articulate a reason why a person having ordinary skill in the [relevant] art (PHOSITA) would have been motivated to modify the prior art references; and 2) because the court cannot reasonably discern the PTAB's reasoning as to motivation to combine the prior art references, judicial review cannot be meaningfully achieved.

Appellate Information

• Published 2016/12/07

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel