by John Marlott | Jan 31, 2020 | Federal Circuit Appeal
By John Marlott – In view of Arthrex, can an unsuccessful petitioner get a do-over of a PTAB decision denying institution of an IPR? The USPTO says no, and the Federal Circuit has been asked to consider the question in United Fire Protection v. Engineered...
by Matthew Johnson | Jan 28, 2020 | Federal Circuit Appeal, Real Party in Interest
By Robby Breetz and Matt Johnson Determining the Real Party-in-Interest (“RPI”) in an IPR can have critical implications for estoppel. A patent owner can prevent institution of an IPR by showing that an RPI has previously “filed a civil action challenging the...
by Matthew Johnson | Jan 20, 2020 | Federal Circuit Appeal, PTAB News
By Nate Andrews and Emily Tait – January 17 Update: On January 17, each of the parties filed responses to the rehearing petitions, linked here: Government Response, Appellant Arthrex’s Response, Appellee Smith & Nephew’s Response As we have...
by Emily Tait | Dec 20, 2019 | Federal Circuit Appeal, PTAB News
By Nate Andrews and Emily Tait – As we have previously discussed on this blog and elsewhere, the Federal Circuit’s decision in Arthrex v. Smith & Nephew has generated significant discussion and controversy in the patent world. On December 16, both parties...
by Matthew Johnson | Dec 16, 2019 | Federal Circuit Appeal, PTAB News
By Nate Andrews, Jasper Tran, and Matt Johnson – The Federal Circuit’s decision in Arthrex v. Smith & Nephew excited and disrupted the patent world. (See, Jones Day Podcast recapping Arthrex decision and fallout.) Inter partes review (IPR) reshaped patent...
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...
