Archus Orthopedics, Inc. has announced that the European Patent Office has confirmed the validity of its patent number EP-B-1223872 following an Opposition that concluded with oral proceedings on January 10, 2007 in Munich, Germany.
This patent, originally issued to Archus on December 22, 2004, discloses the surgical method of replacing the natural facet joint with a prosthesis carried by the pedicle.
Unlike the United States, European patent law allows a nine-month period after the grant of a patent during which third parties can challenge the patent. This challenge, called an Opposition, requires the opposing party to file written briefs and, eventually, make oral arguments before a three-member board of examiners. To overturn the grant of a patent, the arguments must successfully convince the examiners that the patent is invalid. In this Opposition case, the examiners upheld the validity of the Archus patent.
"We are delighted that the examiners reaffirmed this important European patent," said Jim Fitzsimmons, chairman and chief executive officer, commenting on the decision. "Since the pedicle is the preferred site for fixation of posterior spine implants, this patent extends our leading intellectual property position in the facet joint replacement market worldwide," he added. In August, 2006 Archus announced that it was awarded a United States Patent disclosing the surgical method of removing some or all of a natural facet joint and replacing it with a prosthesis anchored in the pedicle.