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Parties Seek To Preserve Arthrex Rights Despite Waiver Ruling

Parties Seek To Preserve Arthrex Rights Despite Waiver Ruling

by Matthew Johnson | Dec 5, 2019 | Federal Circuit Appeal

By Mike Lavine and Matt Johnson – Following on Judge Newman’s dissent in Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., parties are seeking to preserve their rights by challenging the Federal Circuit’s holding that a party’s failure to raise the...
Notes from House Judiciary Subcommittee Hearing on Arthrex

Notes from House Judiciary Subcommittee Hearing on Arthrex

by Matthew Johnson | Nov 21, 2019 | Federal Circuit Appeal, PTAB News

By Marlee Hartenstein and Matt Johnson On Tuesday, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet conducted a hearing to discuss recent court decisions, namely the Federal Circuit’s decision in Arthrex.  Previously...
Federal Circuit Requests Additional Arthrex Appointments Clause Briefing

Federal Circuit Requests Additional Arthrex Appointments Clause Briefing

by Matthew Johnson | Nov 15, 2019 | Federal Circuit Appeal, PTAB News

By Matt Johnson Following up on a November 4th oral argument (accessible here) that focused on the Arthrex Appointments Clause issue, the Federal Circuit has requested additional briefing from Polaris, Kingston, and the U.S. regarding the proper remedy for the Arthrex...
Motion To Strike Invalidity Defense Denied… For Now

Motion To Strike Invalidity Defense Denied… For Now

by Matthew Johnson | Nov 13, 2019 | Estoppel, PGR

By Amanda Leckman and Matt Johnson On February 28, 2019, GREE, Inc. (“GREE”) filed a Complaint against Supercell Oy (“Supercell”) for patent infringement of U.S. Patent No. 9,597,594 (the “’594 Patent”), directed to a method for controlling a computer to improve the...
Judge Dyk Says Arthrex Remedy is Unnecessary

Judge Dyk Says Arthrex Remedy is Unnecessary

by Matthew Johnson | Nov 11, 2019 | Federal Circuit, PTAB News

By Nate Andrews and Matt Johnson Judge Dyk and Judge Newman disagree with the Arthrex remedy requiring rehearing.  In Arthrex, the Federal Circuit panel of Judges Moore, Reyna, and Chen held the appointment of Administrative Patent Judges (APJs) was an...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.