The following outlines the most critical facts of the U.S. Patent Trial and Appeal Board decision which is favorable to Extremity Medical, allowing its infringement lawsuit against Fusion Orthopedics to continue:
Regarding Claim 11 specifically, it was challenged on two different grounds by Fusion Orthopedics (the Petitioner). Both challenges failed as described in the decision.
Section IV on page 67 of the decision establishes the order of the Board. Claim 11 survives based on the following order:
“. . . that Petitioner [Fusion Orthopedics] has not shown by a preponderance of the evidence that claim 11 of the ’166 patent is unpatentable;”
Therefore, claim 11 of Extremity Medical’s ‘166 patent is valid, and the patent survives Fusion Orthopedics’ attempt to invalidate it. As documents exchanged between the parties in the lawsuit in the District of Arizona make clear, Fusion is infringing claim 11.
The Board’s decision allows the infringement lawsuit against Fusion to continue.
We encourage the public to review the full decision which supports the survival of patent ‘166: Link
For more details regarding the case, please visit the following page on the USPTO website: Link
