About the PTAB Life Sciences Report:  Each month we will report on developments at the PTAB involving life sciences patents.

Smith & Nephew, Inc. v. ConforMIS, Inc.

PTAB Petition:  IPR2017-00510; filed December 20, 2016.

Patent at Issue: U.S. Patent No. 7,981,158 ("Patient selectable joint arthroplasty devices and surgical tools," issued July 19, 2011) claims methods of generating, making, designing, and using a patient-matched surgical tool.

Petitioner Smith & Nephew, Inc. is challenging the '158 patent on four grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '158 patent is the subject of a litigation captioned ConforMIS, Inc. v. Smith & Nephew, Inc., No. 1:16-cv-10420- IT (D. Mass.).  Also, Petitioner is filing a petition concurrently for inter partes review of the '158 patent (IPR2017-00511).

Smith & Nephew, Inc. v. ConforMIS, Inc.

PTAB Petition:  IPR2017-00511; filed December 20, 2016.

Patent at Issue:  U.S. Patent No. 7,981,158 ("Patient selectable joint arthroplasty devices and surgical tools," issued July 19, 2011) claims methods of generating, making, designing, and using a patient-matched surgical tool.

Petitioner Smith & Nephew, Inc. is challenging the '158 patent on two grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '158 patent is the subject of a litigation captioned ConforMIS, Inc. v. Smith & Nephew, Inc., No. 1:16-cv-10420- IT (D. Mass.).  Also, Petitioner is filing a petition concurrently for inter partes review of the '158 patent (IPR2017-00510).

Lexion Medical LLC. v. SurgiQuest, Inc.

PTAB Petition:  IPR2017-00518; filed December 21, 2016.

Patent at Issue:  U.S. Patent No. 9,095,372 ("System and method for improved gas recirculation in surgical trocars with pneumatic sealing," issued August 5, 2015) claims a system for insufflation and recirculation of insufflation fluid in a surgical procedure.

Petitioner Lexion Medical LLC is challenging the '372 patent on one ground as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '372 patent is the subject of litigation captioned ConMed Corporation et al. v. Lexion Medical LLC., No. 6:16-cv-944-DNH/ATB (E.D. NY.).

Smith & Nephew, Inc. v. ConforMIS, Inc.

PTAB Petition:  IPR2017-00544; filed December 27, 2016.

Patent at Issue:  U.S. Patent No. 7,534,263 ("Surgical tools facilitating increased accuracy, speed and simplicity in performing joint arthroplasty," issued May 19, 2009) claims tools and methods of making tools for repairing articular surfaces repair materials and for repairing an articular surface.

Petitioner Smith & Nephew, Inc. is challenging the '263 patent on five grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '263 patent is the subject of a litigation captioned ConforMIS, Inc. v. Smith & Nephew, Inc., No. 1:16-cv-10420- IT (D. Mass.).  Also, Petitioner is filing a petition concurrently for inter partes review of the '263 patent (IPR2017-00545).

Smith & Nephew, Inc. v. ConforMIS, Inc.

PTAB Petition:  IPR2017-00545; filed December 27, 2016.

Patent at Issue:  U.S. Patent No. 7,534,263 ("Surgical tools facilitating increased accuracy, speed and simplicity in performing joint arthroplasty," issued May 19, 2009) claims tools and methods of making tools for repairing articular surfaces repair materials and for repairing an articular surface.

Petitioner Smith & Nephew, Inc. is challenging the '263 patent on five grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '263 patent is the subject of a litigation captioned ConforMIS, Inc. v. Smith & Nephew, Inc., No. 1:16-cv-10420- IT (D. Mass.).  Also, Petitioner is filing a petition concurrently for Inter Partes Review of the '263 patent (IPR2017-00544).

Kaz USA, Inc. v. Exergen

PTAB Petition:  IPR2016-01186; filed July 14, 2016.

PTAB Trial Instituted Document filed December 27, 2016.

Patent at Issue:  U.S. Patent No. 7,346,386 ("Temporal artery temperature detector," issued March 18, 2007) claims a body temperature detector.

Petitioner KAZ USA, Inc. is challenging the '386 patent on six grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or obvious under 35 U.S.C. § 103(a) (grounds 2 through 6).  View the petition here.  Administrative Patent Judges Phillip J. Kauffman (author), Meredith C. Petravick, and William V. Saindon issued a decision instituting inter partes review of claims 1 and 2 as being anticipated under 35 U.S.C. § 102(b) by Pompei '813; claims 3, 4, 22, and 24 as obvious under 35 U.S.C. § 103(a) over Pompei '813 and Pompei '091; claims 1 and 2 as obvious under 35 U.S.C. § 103(a) over Banke and Houdas; and claims 3, 4, 22, and 24 as obvious under 35 U.S.C. § 103(a) over Banke, Houdas, and Pompei '091.

Related Matters:  According to the petition, the '386 patent is involved in the litigation captioned Exergen Corp. v. Microlife Corp. et al., No. 1:15-cv-13387 (D. Mass).