• Life Spine, Inc. v. Globus Medical, Inc.Institution denied
  PTAB · Apr 20, 2023 · IPR2023-00041 · APJ Cynthia M Hardman · IPR · Institution

  The Board denied institution of IPR challenging claims 1, 7–13, and 16, exercising discretion because Petitioner did not justify a second petition against the same claims.

  RulingsInstitution decision

  • Parallel petitionsInstitution denied discretionary otherInstitution denied

    “Petitioner does not persuade us that two petitions are warranted under the present circumstances. The Trial Practice Guide acknowledges that “when there is a dispute about priority date . . . two petitions by a petitioner may be needed,” but expressly states that such a need “should be rare.” Trial Practice Guide, 59. Petitioner has not shown that this is one of those rare circumstances. Indeed, we are instituting the higher-ranked ’599 Petition (see our separate decision in IPR2022-01599, issued concurrently herewith) and “there is no possibility for Patent Owner to antedate the prior art in the ’599 Petition.” Prelim. Resp. 3. Because there is no dispute that the references asserted in the ’599 Petition are prior art, there is no dispute about priority date that might give rise to a need for a second petition.” slip op. at 11

  Discretionary denial
  Patents in suitUS 8,845,732

Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.