MiMedx loses appeal in placental allograft tissue patent spat

A Federal Circuit Court this week affirmed a Patent Trial and Appeal Board ruling which found a MiMedx (NSDQ:MDXG) tissue graft patent invalid in a spat between the company and the Musculoskeletal Transplant Foundation.

The ruling came from a 3-judge panel, delivered in a 1-line order without an opinion, affirming the PTAB’s decision from last month which found the patent as invalid as obvious, according to court documents.

The spat is related to a dehydrated human amnion/chorion membrane placental tissue allograft patent, with Marietta, Ga.-based MiMedx claiming that the MTF infringed upon it with their own grafts.

In August, the PTAB issued a final written decision finding the patent as obvious due to a combination of prior art.

“After considering Petitioner’s and Patent Owner’s positions and evidence, we conclude that Petitioner has demonstrated by a preponderance of the evidence that claim 1 of the ’437 patent is unpatentable under 35 U.S.C. § 103(a) over the combination of Klen and Sulner. We conclude further that Petitioner has demonstrated by a preponderance of the evidence that claim 2 of the ’437 patent is unpatentable under 35 U.S.C. § 103(a) over the combination of Klen, Sulner, and Tseng,” PTAB Administrative Patent Judges wrote in their decision from last month.

Last December, MiMedx released information on lawsuits filed against and by the company involving 2 former sales reps.

The company said it terminated the employees after finding that they had sold other company’s products “in violation of their contractual and common law duties to MiMedx.”

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