US 9351776

Here is a concise summary of US Patent 9351776, "Bone plate with a transfixation screw hole," based on the provided authoritative patent text.

US Patent 9351776 Summary

• Title: Bone plate with a transfixation screw hole
• Assignee: Osteomed LLC
• Inventors: Lance Nathan Terrill, Bruce R. Werber
• Filing Date: August 30, 2013 (Application number US14/015,900)
• Issue Date: May 31, 2016
• Abstract: A system for securing bones together across a joint includes a transfixation screw and a plate. The plate features an elongate spine with a transfixation screw hole. The inner surface of this hole guides the transfixation screw through the hole along a trajectory designed to pass through a first position on a first bone and a second position on a second bone once the plate is positioned across the joint. The transfixation screw has a head that abuts the inner surface of the screw hole and a shaft that extends continuously through the first bone, across the joint, and into the second bone.

Plain-Language Overview of Independent Claims:

Independent Claim 1: System for Securing Bones Together
This claim describes a complete system for fixing two separate bones across an intermediate joint. It includes:

• A plate with an elongated central part (spine).
• The spine has a first end that attaches to a first bone and has an inner surface shaped to fit that bone.
• It also has a second end that attaches to a second bone and has an inner surface shaped to fit that bone.
• A middle section (bridge portion) of the spine spans across the joint, and at least part of this bridge is thicker than the ends of the plate.
• A specific hole (transfixation screw hole) is located along the spine. This hole's inner surface guides a special screw. The screw's path is set to go through a first point on the first bone, through a part of the joint, and to a second point on the second bone when the plate is in place.
• A transfixation screw, which has a head designed to rest against the inner surface of the transfixation screw hole and a shaft that extends continuously through the first bone, through the joint, and into the second bone. This design ensures the screw absorbs pulling forces (tensile load) when the second bone is stressed relative to the first, transferring this load through the screw head to the plate's bridge portion.

Independent Claim 10: Plate for Securing Bones Together
This claim focuses specifically on the plate component used to secure two distinct bones across a joint. It comprises:

• An elongate central structure (spine).
• The spine has a first end with at least one attachment point for a first bone and an inner surface shaped to conform to the first bone's geometry.
• A second end with at least one attachment point for a second bone and an inner surface shaped to conform to the second bone's geometry.
• A bridge portion situated between the first and second ends, designed to span across the joint.
• A transfixation screw hole along the spine. The inner surface of this hole guides a transfixation screw. The screw's trajectory is configured to pass through a first point on the first bone and a second point on the second bone once the plate is positioned. This enables the screw to absorb tensile load when the second bone is loaded, transferring this load to the bridge. A key feature is that at least a portion of this bridge section and the transfixation screw hole area is deeper (thicker) than at least a portion of the first and second ends of the plate.

CAFC 2026 Dockets:
The provided patent text, fetched on June 17, 2026, indicates that US Patent 9351776 has been involved in several litigation cases. Specifically, it lists two US cases filed in the Court of Appeals for the Federal Circuit with case numbers 23-2011 and 23-1926. These cases were filed in 2023. The provided information does not explicitly list any US cases filed in the Court of Appeals for the Federal Circuit with a filing date of 2026. Other litigation mentioned includes PTAB cases IPR2022-00190 and IPR2021-01451 (both having Final Written Decisions), and US cases filed in Illinois Northern District Court (1:20-cv-06821) and Delaware District Court (1:20-cv-01621), all originating prior to 2026.

Known litigation involving US patent 9351776 includes:

• PTAB case IPR2022-00190

  • Jurisdiction: PTAB (Patent Trial and Appeal Board)
  • Case Number: IPR2022-00190
  • Filing Date: Not specified in the provided text.
  • Plaintiff(s): Not specified in the provided text ("Petitioner: ").
  • Defendant(s): Osteomed LLC (current assignee of US9351776).
  • Outcome or Current Status: Final Written Decision. [cite: The full patent text, under "Legal status", "Family has litigation"]

• PTAB case IPR2021-01451

  • Jurisdiction: PTAB (Patent Trial and Appeal Board)
  • Case Number: IPR2021-01451
  • Filing Date: Not specified in the provided text.
  • Plaintiff(s): Not specified in the provided text ("Petitioner: ").
  • Defendant(s): Osteomed LLC (current assignee of US9351776).
  • Outcome or Current Status: Final Written Decision. [cite: The full patent text, under "Legal status", "Family has litigation"]

• US case filed in Illinois Northern District Court

  • Jurisdiction: Illinois Northern District Court
  • Case Number: 1:20-cv-06821
  • Filing Date: Not specified in the provided text.
  • Plaintiff(s): Not specified in the provided text.
  • Defendant(s): Not specified in the provided text.
  • Outcome or Current Status: Not specified in the provided text. [cite: The full patent text, under "Legal status", "Family has litigation"]

• US case filed in Delaware District Court

  • Jurisdiction: Delaware District Court
  • Case Number: 1:20-cv-01621
  • Filing Date: Not specified in the provided text.
  • Plaintiff(s): Not specified in the provided text.
  • Defendant(s): Not specified in the provided text.
  • Outcome or Current Status: Not specified in the provided text. [cite: The full patent text, under "Legal status", "Family has litigation"]

• US case filed in Court of Appeals for the Federal Circuit

  • Jurisdiction: Court of Appeals for the Federal Circuit
  • Case Number: 23-2011
  • Filing Date: Not specified in the provided text.
  • Plaintiff(s): Not specified in the provided text.
  • Defendant(s): Not specified in the provided text.
  • Outcome or Current Status: Not specified in the provided text. [cite: The full patent text, under "Legal status", "Family has litigation"]

• US case filed in Court of Appeals for the Federal Circuit

  • Jurisdiction: Court of Appeals for the Federal Circuit
  • Case Number: 23-1926
  • Filing Date: Not specified in the provided text.
  • Plaintiff(s): Not specified in the provided text.
  • Defendant(s): Not specified in the provided text.
  • Outcome or Current Status: Not specified in the provided text. [cite: The full patent text, under "Legal status", "Family has litigation"]

Proceedings overview

Two Inter Partes Review (IPR) proceedings were filed against US patent 9351776, both initiated by Stryker Corporation and Wright Medical Technology, Inc. and reaching Final Written Decisions. These decisions were subsequently appealed to the Federal Circuit, which issued a unified, nonprecedential disposition on October 3, 2025. The Federal Circuit's ruling resulted in the cancellation of the patent's two independent claims (claims 1 and 10) and a remand for dependent claims associated with one IPR. The claims challenged in the other IPR were sustained. This outcome significantly weakens the patent, rendering its core claims invalid. For a defendant, this means any infringement theory relying on claims 1 or 10 is severely undermined, and dependent claims are either canceled, remanded for further review, or sustained.

IPR2021-01451 — Stryker Corporation and Wright Medical Technology, Inc. v. Osteomed LLC

• Type: Inter Partes Review
• Filed: Specific filing date not found in search results.
• Status: Final Written Decision, subsequently appealed to the Federal Circuit. The Federal Circuit reversed the Board's finding and invalidated independent claims 1 and 10, and vacated and remanded dependent claims.
• Judge panel: Not found in search results.
• Petition grounds: Claims 1 and 10 of US9351776 were challenged. The grounds included anticipation under § 102 and obviousness under § 103, relying on prior art references: (1) Anticipation by Slater; (2) Obviousness over Slater in view of Weaver; (3) Anticipation by Falkner; (4) Obviousness over Falkner in view of Arnould; (5) Obviousness over Arnould in View of Slater; and (6) Obviousness over Arnould and Weaver.
• Institution decision: Specific institution date and detailed reasoning not found in search results. The proceeding was instituted, leading to a Final Written Decision by the PTAB that found the independent claims not anticipated by Slater.
• Final Written Decision (if issued): The PTAB initially found independent claims 1 and 10 patentable, concluding that the Slater reference did not anticipate them.
• Appeal: Yes, the PTAB's Final Written Decision was appealed to the U.S. Court of Appeals for the Federal Circuit as part of a consolidated appeal (Federal Circuit Case Nos. 2023-1925, 2023-1926, 2023-1928, 2023-1929, 2023-1979). The Federal Circuit issued a nonprecedential disposition on October 3, 2025. The Federal Circuit reversed the Board's finding that the Slater reference did not anticipate the independent claims (1 and 10), concluding that this finding was not supported by substantial evidence. The Federal Circuit further vacated and remanded for further proceedings to evaluate whether the dependent claims (2-9 and 11-15, as they depend from claims 1 or 10) are similarly anticipated by the cited prior art grounds.
• Defensive value: Independent claims 1 and 10 of US9351776 are canceled due to the Federal Circuit's reversal of the PTAB's decision on anticipation by the Slater reference. This significantly limits the scope of the patent. All dependent claims (2-9, 11-15) are now subject to re-evaluation by the PTAB for anticipation and thus face a high risk of invalidation.

IPR2022-00190 — Stryker Corporation and Wright Medical Technology, Inc. v. Osteomed LLC

• Type: Inter Partes Review
• Filed: Specific filing date not found in search results.
• Status: Final Written Decision, subsequently appealed to the Federal Circuit. The Federal Circuit affirmed the Board's patentability findings for the challenged claims.
• Judge panel: Not found in search results.
• Petition grounds: Dependent claim 15 of US9351776 was likely challenged (along with claims from other patents in the same series of IPRs). The grounds relied on included (1) Anticipation by Slater and (2) Obviousness over Falkner in view of Duncan.
• Institution decision: Specific institution date and detailed reasoning not found in search results. The proceeding was instituted.
• Final Written Decision (if issued): The PTAB concluded that Stryker failed to demonstrate anticipation or obviousness of the "Tensile Transfer Limitations" in the challenged claims of US9351776 (among other patents). This means the Board found these claims patentable.
• Appeal: Yes, the PTAB's Final Written Decision was appealed to the U.S. Court of Appeals for the Federal Circuit as part of a consolidated appeal (Federal Circuit Case Nos. 2023-2010, 2023-2011, 2023-2012). The Federal Circuit issued a nonprecedential disposition on October 3, 2025. The Federal Circuit affirmed the Board's relevant claim constructions, effectively upholding the Board's decision that Stryker failed to prove the challenged claims unpatentable.
• Defensive value: Dependent claim 15 of US9351776 was sustained against the specific grounds of anticipation by Slater and obviousness over Falkner in view of Duncan. This claim is now hardened against these particular challenges.

Strategic summary

Following two IPR proceedings and a Federal Circuit appeal, the patent US9351776 has been significantly narrowed. Independent claims 1 and 10 are now CANCELED. Claims 2-9 and 11-14, which depend on these independent claims, have been VACATED and REMANDED by the Federal Circuit, meaning their patentability will be re-evaluated at the PTAB, making their status highly uncertain and vulnerable. Dependent claim 15, challenged in a separate IPR, has been SUSTAINED.

The estoppel landscape dictates that Stryker Corporation and Wright Medical Technology, Inc. (and their privies) are barred from raising any invalidity grounds they raised or reasonably could have raised against the challenged claims (claims 1, 10, and 15) in these IPRs (§ 315(e)(2)). However, the Federal Circuit's reversal of the PTAB's finding on anticipation by Slater for claims 1 and 10 means these claims are now invalid on that ground. The remand for dependent claims implies further proceedings where anticipation by Slater will be re-examined. For other potential defendants, prior art grounds not raised in these IPRs, or those that reasonably could not have been raised (e.g., if based on newly discovered art or different statutory bases not permitted in IPR), would still be available for challenge.

The involvement of Stryker Corporation and Wright Medical Technology, Inc., major players in the medical device industry, signals a strong defensive interest against this patent. While Unified Patents was mentioned as a source of PTAB data, the actual petitioners were Stryker and Wright. The patent owner, Osteomed LLC, has aggressively pursued appeals, indicating a commitment to defending its patent rights. The split outcome at the Federal Circuit, while a partial victory for Osteomed on some claims, is a substantial blow due to the invalidation of the independent claims.

Recommended next steps

• For claims 1 and 10 of US9351776, these are canceled due to anticipation by Slater, as determined by the Federal Circuit's reversal of the PTAB's decision. Any infringement theory built on these claims is moot. You can review the Federal Circuit's decision, Stryker Corporation, Wright Medical Technology, Inc. v. Osteomed LLC, Case Nos. 2023-1925, 2023-1926, 2023-1928, 2023-1929, 2023-1979 (Fed. Cir. Oct. 3, 2025), for the full disposition.
• For dependent claims 2-9 and 11-14, these have been vacated and remanded to the PTAB for further proceedings to evaluate anticipation. These claims are currently vulnerable. Closely monitor the PTAB docket for IPR2021-01451 and its related proceedings for updates on their status.
• Dependent claim 15 was sustained in IPR2022-00190 and affirmed on appeal regarding claim construction. This claim is more robust against the specific prior art grounds (Anticipation by Slater and Obviousness over Falkner in view of Duncan) that were litigated.
• The absence of the specific PTAB filing, institution, and FWD dates, as well as the judge panel details, prevents a full procedural history. However, the Federal Circuit's decision is the most recent and authoritative statement on the patent's validity for the claims that were challenged and ruled upon.

Inventors

• Lance Nathan Terrill (Employer not stated, but assigned to Osteomed L.P. at time of application/filing)
• Bruce R. Werber (Employer not stated, but assigned to Osteomed L.P. at time of application/filing)

The inventors assigned their interest to Osteomed L.P. on the same day (2014-01-08) that Osteomed L.P. transferred to Osteomed LLC, suggesting these were part of an initial setup or corporate restructuring rather than the inventors departing the original assignee.

Original assignee

The original assignee listed on the patent application was Osteomed LLC. Google Patents also lists Osteomed LLC as the "Original Assignee" and "Current Assignee".

Osteomed LLC's primary line of business appears to be orthopedic devices, specifically bone plates and screws for joint fusion, as described in US9351776. The patent describes "a bone plate with a transfixation screw hole" for securing bones together across a joint. The patent text does not explicitly state whether Osteomed LLC shipped a product embodying the claims, but its focus is on medical devices.

Osteomed LLC is currently listed as "Active" and the patent "expires 2029-09-21". The patent family has been involved in litigation, including PTAB cases and US district court cases.

Assignment timeline

• 2014-01-08 (executed) / recorded 2014-01-08 — Reel 033327/0398

  • Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
  • Assignor: TERRILL, LANCE NATHAN; WERBER, BRUCE R.
  • Assignee: OSTEOMED L.P.
  • Correspondent: MCDERMOTT WILL & EMERY LLP; 500 NORTH CAPITOL STREET, N.W., WASHINGTON, DC 20001. This correspondent recurs in this chain.
  • Context: Inventors assigned their interest to Osteomed L.P.

• 2014-01-08 (executed) / recorded 2014-01-08 — Reel 033327/0401

  • Conveyance: ASSIGNMENT
  • Assignor: OSTEOMED L.P.
  • Assignee: OSTEOMED LLC
  • Correspondent: MCDERMOTT WILL & EMERY LLP; 500 NORTH CAPITOL STREET, N.W., WASHINGTON, DC 20001. This correspondent recurs in this chain.
  • Context: Transfer of patent interest from an L.P. entity to an LLC entity, likely an internal corporate restructuring.

• 2014-01-08 (executed) / recorded 2014-01-08 — Reel 033327/0400

  • Conveyance: CHANGE OF NAME
  • Assignor: OSTEOMED LLC
  • Assignee: OSTEOMED LLC
  • Correspondent: MCDERMOTT WILL & EMERY LLP; 500 NORTH CAPITOL STREET, N.W., WASHINGTON, DC 20001. This correspondent recurs in this chain.
  • Context: Formal corporate name change or confirmation, related to the LP to LLC transition.

Timeline diagram

timeline
    title Ownership of US 9351776
    2009 : Priority date
    2013 : Application filed by Osteomed LLC
    2014 : Inventors assign to Osteomed LP
         : Osteomed LP assigns to Osteomed LLC
         : Osteomed LLC name change recorded
    2016 : Patent issued to Osteomed LLC
    2020 : First infringement suit filed

NPE / troll-pattern signals

1. Shell-entity transfer — Not present. The transfers are from individual inventors to Osteomed L.P., and then to Osteomed LLC, both appearing to be related operating entities. The assignee name "Osteomed LLC" does not contain suffixes typically associated with shell entities like "IP," "Patents," or "Licensing."

2. Known asserter in the chain — Not present. Osteomed LLC is not identified as a known NPE on common public lists.

3. Repeat correspondent across the chain — Present. MCDERMOTT WILL & EMERY LLP is listed as the correspondent for all three assignment records (033327/0398, 033327/0401, 033327/0400), all recorded on 2014-01-08. This consistency across related internal transfers is characteristic of an operating company managing its intellectual property.

4. Cascading transfers — Not present. While there are multiple transfers on 2014-01-08, they represent an initial assignment from inventors and subsequent internal corporate restructuring (LP to LLC), not a series of rapid transfers between unrelated shell entities.

5. Pre-litigation transfer — Not present. The last recorded assignment occurred on 2014-01-08 (Reel 033327/0401). The first litigation cases involving this patent family were filed in 2020 (e.g., 1:20-cv-01621 and 1:20-cv-06821). This timeframe (over six years) is significantly longer than the typical 6-month window for pre-litigation transfers.

6. Bankruptcy fire-sale — Not present. There is no indication of Osteomed LLC undergoing bankruptcy proceedings.

7. Privateering — Not present. No evidence of an operating company transferring the patent to an NPE for assertion on its behalf.

8. Defensive aggregator (anti-NPE) — Not present. The patent remains with Osteomed LLC and has not been transferred to a defensive aggregator.

Verdict

Operating-company assertion

The assignment records for US9351776 primarily reflect the initial assignment from inventors and an internal corporate restructuring from Osteomed L.P. to Osteomed LLC, all occurring on 2014-01-08 (Reel 033327/0398, 033327/0401, 033327/0400). There are no subsequent transfers to known shell entities or high-frequency patent asserters. Although the patent family is involved in litigation, the assignments predate the first litigation by several years, suggesting the current asserting entity, Osteomed LLC, is an operating company defending its intellectual property.

USPTO Assignment Center Search for US9351776

Here is an analysis of the most relevant prior art for US Patent 9351776, based on the provided patent text and focusing on examiner-cited references that appear most related by their titles. The analysis identifies potential anticipation under 35 U.S.C. § 102, acknowledging that a full anticipation analysis would require reviewing the complete text and claims of each cited prior art document.

Summary of US9351776 (Bone plate with a transfixation screw hole):
This patent describes a bone plate system for securing two bones across a joint. Key features include an elongate spine with ends for attachment, a bridge portion spanning the joint (often with increased depth), and a transfixation screw hole. This hole's inner surface directs a transfixation screw at a specific trajectory (e.g., crossing the neutral bending axis at 30-70 degrees, or about 50 degrees) through both bones and the joint. The screw absorbs tensile load, creating a "tension band" construct to enhance plate integrity and fusion. The system may also include compression holes, locking attachment points, lag screws, contact reduction features, flared hips, and joint-specific anatomical conformity.

Most Relevant Prior Art Citations:

1. US20140148859A1

   • Full Citation: US20140148859A1, "Orthopedic fusion plate and compression screw", Solana Surgical, Llc.
   • Publication/Filing Date: Priority date: 2012-11-27, Publication date: 2014-05-29.
   • Brief Description: This patent describes an orthopedic fusion plate, combined with a compression screw. The title suggests a device for fusing bones, likely incorporating a plate and a screw mechanism to achieve compression.
   • Potential Anticipation (35 U.S.C. § 102):
     • Claim 1 (System): The concept of an "orthopedic fusion plate" that works with a "compression screw" could potentially anticipate the general idea of a plate securing bones across a joint, and a screw. If this plate includes an elongate spine, ends with fixation points, and a bridge portion, and if the compression screw functions similarly to a transfixation screw (e.g., passing through two bones and a joint to secure them), it could anticipate elements of Claim 1. However, the specific "transfixation screw hole" directing a screw at a defined "trajectory configured to pass through a first position on the first discrete bone, a portion of the joint, and a second position on the second discrete bone... so as to absorb tensile load... thereby transferring the tensile load from the second discrete bone, through the screw into said head and said bridge portion" might be distinguishing if the compression screw in US20140148859A1 does not explicitly teach this load absorption mechanism or specific trajectory across the joint.
     • Claim 7 (System): This claim details a plate with a "compression hole defined by an inner surface in the plate surrounding an oblong opening, the inner surface of the compression hole including, at one end, a horse-shoe-shaped countersink." Given that US20140148859A1 is titled "Orthopedic fusion plate and compression screw", it is highly likely to disclose a compression hole. The specific geometry (oblong opening, horseshoe-shaped countersink) would need to be compared.

2. US10610273B2

   • Full Citation: US10610273B2, "Bone plate with transverse screw", In2Bones Usa, Llc.
   • Publication/Filing Date: Priority date: 2016-11-07, Publication date: 2020-04-07.
   • Brief Description: This patent describes a bone plate that incorporates a "transverse screw". The term "transverse screw" strongly suggests a screw that passes across the plate's main axis or through the bones in a lateral or angled direction, which aligns with the concept of a transfixation screw.
   • Potential Anticipation (35 U.S.C. § 102):
     • Claim 1 (System): A "bone plate with transverse screw" is directly analogous to the "bone plate with a transfixation screw hole" and "transfixation screw" of US9351776. If the "transverse screw" in US10610273B2 is directed through a hole in the plate and passes through two bones across a joint, it could potentially anticipate the core elements of Claim 1. The specific trajectory for tensile load absorption would be a key point of comparison.
     • Claim 2 (System) & Claim 11 (Plate): If the transverse screw's trajectory in US10610273B2 is guided by a central axis and is configured to cross a "neutral bending axis" of the joint, these claims could be anticipated.
     • Claim 3 (System) & Claim 12 (Plate): If the transverse screw in US10610273B2 passes from a compression side to a tension side, these claims could be anticipated.
     • Claim 4 & 5 (System) and Claim 13 (Plate): The specific angular ranges for the transfixation angle (e.g., 30-70 degrees or 50 degrees relative to the neutral bending axis) could be anticipated if the transverse screw is disclosed with such angular guidance.

3. GB202114235D0

   • Full Citation: GB202114235D0, "A fusion plate to assist fusion of a first and second bone", Odonnell Turlough.
   • Publication/Filing Date: Priority date: 2021-10-05, Publication date: 2021-11-17.
   • Brief Description: This patent describes a fusion plate designed to aid in the fusion of two bones. The title directly addresses the core function of US9351776, which is to secure bones for fusion.
   • Potential Anticipation (35 U.S.C. § 102):
     • Claim 1 (System) & Claim 10 (Plate): The general concept of "A fusion plate to assist fusion of a first and second bone" directly aligns with the purpose of US9351776. If GB202114235D0 discloses a plate with an elongate spine, first/second ends with fixation points, a bridge portion, and particularly, a means for a transfixation screw to extend through the bones and joint as described, it could anticipate these claims. The unique "transfixation screw hole" features for directing the screw along a specific trajectory to absorb tensile load would be a key differentiating factor.

4. US20140074173A1 (Although not marked with an asterisk, this is the publication of an earlier application in the same family, US14/015,900, which US9351776 is a continuation of. It is listed as "Other versions" and "Publication of US20140074173A1" with publication date 2014-03-13. The title is the same: "Bone plate with a transfixation screw hole". Therefore, it is a very relevant, in-family prior art reference.)

   • Full Citation: US20140074173A1, "Bone plate with a transfixation screw hole", Osteomed LLC.
   • Publication/Filing Date: Priority date: 2009-04-28, Publication date: 2014-03-13.
   • Brief Description: This is an earlier publication from the same patent family, meaning it likely discloses substantially similar subject matter to US9351776, a "Bone plate with a transfixation screw hole".
   • Potential Anticipation (35 U.S.C. § 102): As an earlier publication from the same patent family with the same title, US20140074173A1 would likely anticipate most, if not all, claims of US9351776, unless US9351776 introduced new subject matter or narrower claim language that was not present in the earlier publication. Assuming it describes the same invention, it would anticipate:
     • Claim 1-15 (System and Plate): All claims of US9351776 would likely be anticipated by US20140074173A1 if the claims of US9351776 were not narrowed or specifically distinguished from the disclosure of US20140074173A1. Given that US9351776 is a continuation of US14/015,900, and US20140074173A1 is the publication of US14/015,900, it represents the prior public disclosure of the same inventive concept.

5. US8529608B2 (This is the parent application from which US9351776 claims priority, as explicitly stated in the "CROSS-REFERENCE TO RELATED APPLICATIONS" section: "The present application is a continuation of co-pending, commonly assigned, patent application Ser. No. 12/431,017 entitled “BONE PLATE WITH A TRANSFIXATION SCREW HOLE,” filed Feb. 25, 2002, the disclosure of which is hereby incorporated herein by reference." And US8529608B2 is the granted patent for application US12/431,017.)

   • Full Citation: US8529608B2, "Bone plate with a transfixation screw hole", Osteomed LLC.
   • Publication/Filing Date: Priority date: 2009-04-28, Filing date: 2009-04-28.
   • Brief Description: This is the parent patent from which US9351776 is a continuation. It discloses a "Bone plate with a transfixation screw hole," which is the same inventive concept.
   • Potential Anticipation (35 U.S.C. § 102): Similar to US20140074173A1, as the parent patent, US8529608B2 would likely anticipate most, if not all, claims of US9351776. A continuation patent generally claims the same invention as the parent but with different claims. Therefore, the disclosures in US8529608B2 would typically anticipate the claims of its continuation, US9351776, unless the claims of US9351776 present a patentably distinct invention not fully disclosed or enabled by the parent. Assuming it discloses the same invention, it would anticipate:
     • Claim 1-15 (System and Plate): All claims of US9351776 would likely be anticipated by US8529608B2 if the claims of US9351776 were not narrowed or specifically distinguished from the disclosure of US8529608B2.

Note on Anticipation:
For a full anticipation analysis under 35 U.S.C. § 102, a claim of US9351776 must be compared element-by-element to the disclosure of each prior art reference. If a single prior art reference discloses every element of a claim, either explicitly or inherently, then that claim is anticipated. Without the full text of the cited prior art, this analysis is based on the titles and general understanding of the claimed invention in US9351776. The family members (US20140074173A1 and US8529608B2) are particularly strong references as they represent prior disclosures of the same underlying invention.

On April 26, 2026, an analysis of US Patent 9351776 for obviousness under 35 U.S.C. § 103 reveals potential combinations of prior art that would have motivated a person having ordinary skill in the art (PHOSITA) to arrive at the claimed invention. The analysis relies on the disclosures within US9351776 itself regarding the state of the art, and the identified prior art documents from its "Citations" section, particularly US8529608B2, which is the parent application.

I. Understanding the Invention of US9351776

US Patent 9351776 discloses a system and a plate for securing two discrete bones across a joint. The core inventive features, as described in independent Claims 1 and 10, include:

• An elongate spine with a first end and a second end, each having fixation points and inner surfaces conforming to bone geometry.
• A bridge portion disposed between the ends, configured to span across the joint, where at least a portion of this bridge portion has a depth greater than at least a portion of the depth of either end. [cite: Claim 1, Claim 10]
• A transfixation screw hole disposed along the spine, with an inner surface configured to direct a transfixation screw at a trajectory through the first bone, the joint, and into the second bone. [cite: Claim 1, Claim 10]
• The transfixation screw's shaft is configured to contiguously extend through the bones and joint, absorbing tensile load when the second bone is loaded and transferring it to the screw head and bridge portion. [cite: Claim 1, Claim 10]

Dependent claims further specify that the trajectory is configured to cross a neutral bending axis of the joint (Claims 2, 11), with specific angles (Claims 4, 5, 13), the use of a compression hole (Claims 7, 14), locking screw engagement (Claims 6, 8), a lag screw design for the transfixation screw (Claim 9), and flared hips (Claim 15).

II. Identification of Relevant Prior Art and General Knowledge

The "Background of the Invention" and "Detailed Description of the Invention" sections of US9351776 explicitly describe the general state of the art in joint fusion. It states that "attaching the bones of the joint to a plate that holds the bones in alignment with one another while they fuse together" is a known method. [cite: "BACKGROUND OF THE INVENTION"] The patent also highlights a significant problem: "when a load is placed upon the joint... it is possible for the plate to bend or break above the joint. This may cause the bones of the joint to fall out of approximation, resulting in a non-union". [cite: "DETAILED DESCRIPTION OF THE INVENTION"]

The patent then introduces its solution, stating, "One way to increase the durability and reliability of a joint-fixation plate is to include a transfixation screw hole in the plate that enables a transfixation screw to transfix the joint through the plate." [cite: "DETAILED DESCRIPTION OF THE INVENTION"] This phrasing suggests that while the concept of a transfixation screw through a plate might be generally known or a desired outcome, the patent elaborates on specific configurations to achieve this.

Crucially, US9351776 is a continuation of co-pending application Ser. No. 12/431,017, which issued as US Patent 8529608B2 and is titled "Bone plate with a transfixation screw hole" [cite: "CROSS-REFERENCE TO RELATED APPLICATIONS"]. This directly indicates that US8529608B2 is a primary prior art reference that discloses a bone plate with a transfixation screw hole and a transfixation screw designed to secure bones across a joint. Without the full text of US8529608B2, it is assumed to disclose the fundamental concept described in the background of US9351776: a bone plate with a transfixation screw hole guiding a screw across a joint to absorb stress and hold bones in tight approximation.

III. Obviousness Analysis under 35 U.S.C. § 103

A PHOSITA in orthopedic surgery or device design would possess knowledge of fundamental engineering principles, common orthopedic techniques, and biomechanical concepts related to bone fixation.

Combination 1: US8529608B2 in view of general orthopedic design principles and known biomechanics.

1. Primary Reference: US8529608B2

   • This patent (the parent application) would teach a system comprising an elongate spine bone plate with first and second ends having fixation points, and a bridge portion spanning a joint. It would also disclose a transfixation screw hole along the spine, configured to direct a transfixation screw through a first bone, across a joint, and into a second bone to secure the bones and absorb stress. This forms the basis of the claimed system and plate. [cite: "CROSS-REFERENCE TO RELATED APPLICATIONS"]

2. Motivation to Combine / Modify with General Knowledge:

   • Thickened Bridge Portion (Claims 1 & 10): A PHOSITA, recognizing the problem of existing plates bending or breaking at the bridge portion when loaded [cite: "DETAILED DESCRIPTION OF THE INVENTION"], would be motivated to increase the strength of this area. It is a well-established engineering principle that increasing the depth or thickness of a structural member, particularly in areas subjected to high bending moments (like a bridge spanning a joint), increases its bending strength and resistance to deformation or breakage. US9351776 itself describes this as a design choice to "increase the bending strength of bridge portion 130" and lessen the risk of bending or breaking. [cite: "DETAILED DESCRIPTION OF THE INVENTION"]

   • Trajectory crossing Neutral Bending Axis ("Tension Band" Construct) (Claims 2, 3, 4, 5, 11, 12, 13): The concept of a "tension band" construct in orthopedics, where a screw is oriented to cross the neutral bending axis of a joint, is a known biomechanical principle used to convert tensile forces into compression, thereby offloading the plate. US9351776 explicitly describes this effect: "When transfixation screw 150 is screwed into joint 106 along a trajectory that crosses neutral bending axis 118... a 'tension band' construct is created that puts transfixation screw 150 under tension when joint 106 flexes." [cite: "DETAILED DESCRIPTION OF THE INVENTION"] A PHOSITA would be motivated to configure the transfixation screw hole to guide the screw along such a trajectory to achieve this known biomechanical advantage, enhancing the plate's durability and the likelihood of fusion. The specific angles (30-70 degrees, and about 50 degrees) are optimizations within this known principle, chosen to suit particular joint anatomies and loading conditions, and are presented in US9351776 as examples to achieve the desired construct. [cite: "DETAILED DESCRIPTION OF THE INVENTION"]

   • Inner Surfaces Conforming to Bone Geometry (Claims 1 & 10): The design of bone plates to substantially conform to the geometry of the underlying bone is a common practice in orthopedic surgery to ensure stable fixation, minimize soft tissue irritation, and distribute load effectively. This is a routine design consideration for a PHOSITA.

   • Locking Screw Engagement (Claims 6 & 8): US9351776 itself states that "an attachment point 128 may be a threaded screw hole that provides a locking interface between bone screw 134 and bone plate 100." [cite: "DETAILED DESCRIPTION OF THE INVENTION"] The use of threaded screw holes for locking screws is a widely known and utilized technique in orthopedic plating to prevent screws from backing out and to provide angular stability, improving the rigidity of the fixation construct. A PHOSITA would be motivated to apply this known technology to both general attachment points and the transfixation screw hole for enhanced stability.

   • Compression Hole with Oblong Opening and Horse-shoe-shaped Countersink (Claims 7 & 14): The description of the compression hole 132 in US9351776, with its oblong opening and horse-shoe-shaped countersink 133, corresponds to a well-known design in orthopedic plates, often referred to as a dynamic compression plate (DCP) hole. This design allows for controlled compression of bone fragments as a screw is tightened, which is a desirable feature for promoting bone healing and fusion. [cite: "DETAILED DESCRIPTION OF THE INVENTION"] A PHOSITA would be motivated to include such a feature for its recognized benefits in achieving interfragmentary compression.

   • Lag Screw Design for Transfixation Screw (Claim 9): Lag screws, characterized by an unthreaded portion in the near cortex and a threaded portion engaging the far cortex, are a standard orthopedic technique for generating interfragmentary compression across a fracture or joint. US9351776 describes the "lag effect" of its transfixation screw, where an unthreaded portion rotates freely in the first bone while a threaded portion advances into the second, compressing the joint. [cite: "BRIEF SUMMARY OF THE INVENTION", "DETAILED DESCRIPTION OF THE INVENTION"] A PHOSITA would be motivated to use a lag screw design for the transfixation screw to achieve optimal compression and stability across the fused joint.

   • Flared Hips (Claim 15): The flared hips adjacent to the transfixation screw hole are described in US9351776 as features that "help a surgeon precisely position the entry point for transfixation screw 150 onto a desired location on bone 104a" and "increase the strength of bone plate 100 around transfixation screw hole 102". [cite: "DETAILED DESCRIPTION OF THE INVENTION"] These are conventional ergonomic and structural reinforcement design choices that a PHOSITA would be motivated to incorporate for improved surgical ease and localized plate strength.

IV. Conclusion

A PHOSITA would have found the claimed features of US9351776 obvious based on the combination of the bone plate with a transfixation screw as disclosed in US8529608B2, along with other well-known orthopedic design principles, biomechanical concepts, and standard fixation technologies. The motivation would stem from the recognized problems of conventional bone plates (bending/breaking, non-union) and the desire to improve the strength, stability, and efficacy of joint fusion constructs by incorporating readily available and understood solutions in orthopedic engineering.