PTAB Designates Two §325(d) Opinions Precedential, One Informative
By Matt Johnson - Last week, the PTAB designated two 35 U.S.C. § 325(d) cases precedential and one informative. These cases discuss the Board’s process for deciding when to use their discretion to deny institution because a Petition raises issues that the Patent...
Judges Disagree on Arthrex, But Rehearing Vote Fails
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 court...
Arthrex en banc Denied – The Big Picture
By Nate Andrews, John Marlott, and Dave Maiorana On Monday, March 23, 2020, the Federal Circuit denied rehearing and rehearing en banc in the Arthrex appeal that found PTAB ALJs to be unconstitutional appointments. Arthrex, Inc. v. Smith & Nephew, Inc., No....
BREAKING: Arthrex Rehearing Denied
By John Evans - On Monday, the Federal Circuit issued a per curiam order denying en banc rehearing that had been requested by all three of the parties to the Arthrex decision, where the Federal Circuit found that PTAB ALJs had been unconstitutional appointments. The...
The Federal Circuit Closes The (Face)Book On “Same-Party” IPR Joinder
By Dave Maiorana - The Federal Circuit has definitively ruled on the PTAB’s practice of allowing so-called “same-party” IPR joinder. The court held that an IPR petitioner cannot join itself as a party to an existing IPR and cannot add new arguments or issues from a...