Federal Circuit Denies Patent of Bone Implant Invention

August 28, 2017 – On August 25, 2017, the Federal Circuit affirmed the Patent Trial and Appeal Board’s determination that claims 5 through 15 of the U.S. Patent Application 13/068,309 are not patentable over the prior art.  Dr. Steven Chudik’s application is directed to a humeral implant used in shoulder replacement surgery.  Here, the Court agreed with the PTAB that the prior art disclosed the “no stem” limitation of independent claim 5 and that the PTAB’s decision is therefore supported by substantial evidence.

By: Joyce L. Nadipuram