Scott Daniels | April 22, 2009
The law firm McDonnell Boehnen Hulbert & Berghoff has filed a request for ex parte reexamination of Stryker Technologies’ U.S. Patent No. 6,352,559 entitled “ENDOPROSTHETIC BONE JOINT DEVICES.” The request asserts that most of the claims are obvious over a reference (either alone or with other art) which was cited, but apparently not discussed, during the original ‘559 prosecution.
The ‘559 patent was alleged to be infringed in Btg. Int.l. Ltd. v. Zimmer Holdings (1:04cv85). The case ended in 2006 with a stipulated dismissal with prejudice.
(May 14, 2009)
The PTO denied the request for reexamination, finding that no substantial new question of patentability was raised. The PTO explained that the primary reference relied upon in the request “was cited and made of record in the previous prosecution.” The PTO added that the reference was cumulative with art “which was applied and discussed during the original prosecution.”