The U.S. Patent Trial and Appeal Board (PTAB) denied Stryker's request for an inter partes review of challenged claims in a suit related to KFx Medical's suture anchors.
In 2018, KFx Medical filed a case against Stryker for continued infringement of U.S. Patent No. 7,585,311 (the '311 patent, System and method for attaching soft tissue to bone) and others related to knotless double row rotator cuff repair. This represents the same group of patents that KFx successfully defended vs. Arthrex in 2015.
In March 2019, Stryker requested inter partes review challenging numerous claims of the ‘311 patent. PTAB declined, based on the patent's prosecution and earlier infringement litigation, referring to earlier prosecution and the Arthrex suit.
Of the various factors influencing the denial, the board pointed out that despite Stryker's knowledge of the Arthrex litigation, the company did not address secondary considerations evidence in its petition.
As noted in the filing, "We have cautioned petitioners in prior proceedings that petitions may be denied if they do not address known evidence of secondary considerations. Petitioner’s failure to address the known evidence of secondary considerations further weighs in favor of denying institution."