Cert Filed in Arthrex on Appointments Clause Issue

Cert Filed in Arthrex on Appointments Clause Issue

By Nate Andrews, John Marlott, and Dave Maiorana – The United States petitioned the Supreme Court for certiorari in Arthrex.  Cert. Pet., No. 19-1434 (June 25, 2020).  Two additional petitions for writs of certiorari have been filed, one by Arthrex and one by...
American Rule Applied to PTAB Attorney’s Fees

American Rule Applied to PTAB Attorney’s Fees

By Robby Breetz and Matt Johnson – In Amneal Pharmaceuticals LLC v. Almirall, LLC, the Federal Circuit recently found 35 U.S.C. § 285 did not authorize the Court awarding attorney’s fees for conduct occurring at the PTAB.  No. 2020-1106, 2020 WL 2961939, at *2...
PTAB Statistics Through Seven Months of 2020

PTAB Statistics Through Seven Months of 2020

By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through April 30, 2020) stands at 55% (370 instituted, 300 denied) compared to 63% in the previous fiscal year.  This lower institution rate compared to prior years is a...