In Re Nuvasive, Inc.

842 F.3d 1376 (2016)

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Nature of the Case

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Facts

P is the assignee of the '156 patent which details '[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 PTAB instituted inter partes review to determine whether claims 1-14, 19-20, and 23-27 would have been obvious over, a Synthes Vertebral Spacer-PR brochure, a Telamon Verte-Stack PEEK Vertebral Body Spacer brochure, a Telamon Posterior Impacted Fusion Devices guide, and U.S. Patent Application Publication 'Baccelli.' The PTAB found obviousness on the stated claims and P appealed. P argues that the PTAB's Final Written Decision did not make adequately explained findings as to why a PHOSITA (person having ordinary skill in the [relevant] art) would have been motivated to combine the prior art references and place the radiopaque markers on the medial plane.