Start Invalidating a patent claim

Invalidating a patent claim

Joseph Robinson has over 20 years of experience in all aspects of intellectual property law.

The Court vacated and remanded the decision on obviousness for further clarification by the board.

Arguments not made during an IPR trial before the Board are waived and not preserved for appeal.

Nu Vasive appealed, challenging first that the Board erred in concluding that the references were prior art and second that the Board erred in concluding that Claim 1 of Nu Vasive’s patent was obvious.