Paul Hastings Team Secures IPR Trial Win for Zimmer Biomet Holdings, Inc.
By Naveen Modi, Young J. Park & Paromita (Mita) Chatterjee
On March 10, 2017, the Patent Trial and Appeal Board (“PTAB”) issued a decision in favor of Paul Hastings’ client Zimmer Biomet Holdings, Inc. (“Zimmer”), ruling that all challenged claims of U.S. Patent No. 8,821,582 (“the ’582 patent”) are unpatentable.
Zimmer filed a petition for inter partes review (“IPR”) challenging the asserted claims of the ’582 patent on October 2, 2015.
On April 1, 2016, the PTAB instituted review of all of the challenged claims based on several combinations of references including: (1) U.S. Patent No. 5,018,285 to Zolman (“the Zolman patent”) and U.S. Patent No. 3,906,550 to Rostoker (“the Rostoker patent”); and (2) the Zolman patent and J.D. Bobyn et al., “Characteristics of Bone Ingrowth and Interface Mechanics of a New Porous Tantalum Biomaterial,” Journal of Bone and Joint Surgery, Vol. 81-B, No. 5 (Sept. 1999) (“the Bobyn article”).
For claims 1-5, 8-11, 14, 15, and 17-20, the PTAB held that, under its claim construction, the combination of the Zolman patent and the Rostoker patent disclosed a porous metal structure with a size and shape that “emulates” the size and shape of the porous structure of natural human bone.
The Paul Hastings team was led by Naveen Modi, Young J. Park, and Paromita (Mita) Chatterjee.