by Matthew Johnson | Apr 23, 2020 | Federal Circuit Appeal, PTAB News, Time Limits
By Sue Gerber and Matt Johnson – This week, the United States Supreme Court interpreted the scope of the AIA’s “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”). Thryv, Inc. v. Click-to-Call Techs, L.P., No. 18-916, 2020 WL 1906544 (Apr. 20,...
by Matthew Johnson | Apr 21, 2020 | Federal Circuit Appeal, PTAB News, Time Limits
On Monday, the Supreme Court ruled that 35 U.S.C. § 314(d)’s statement that the “determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable” means that PTAB decisions regarding the...
by Matthew Johnson | Apr 9, 2020 | Federal Circuit Appeal, PTAB News, Request for Reconsideration
By Mike Lavine and Matt Johnson – On March 30, 2020, the Federal Circuit relied on Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) to vacate and remand several related PTAB decisions, including in proceedings where the patent owner did...
by Matthew Johnson | Apr 8, 2020 | Federal Circuit Appeal, PTAB News
By Alex Li and Matt Johnson – On March 23, 2020, the Federal Circuit issued a per curiam order denying rehearing and rehearing en banc in Arthrex. See Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt....
by Matthew Johnson | Apr 7, 2020 | Federal Circuit Appeal, PTAB News
By Steph Brooker and Matt Johnson – The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay...
by David Maiorana | Mar 26, 2020 | Federal Circuit Appeal, PTAB News
By Nate Andrews, John Marlott, and Dave Maiorana – On March 23, 2020, the Federal Circuit denied rehearing and rehearing en banc in Arthrex. Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt. 115. The...
