Government to Request Arthrex Rehearing; Rush for Remands Slowed
By Robby Breetz and Joe Sauer On October 31, 2019 a panel of Federal Circuit Judges issued the Arthrex Inc. v. Smith and Nephew, Inc. opinion finding the appointment of PTAB judges unconstitutional by violating the Appointments Clause. The panel’s remedy in that case...
Alice at Five
By Jasper Tran, Sean Benevento,* Dave Cochran, and Matt Silveira Jones Day recently published a recap of aftermath of the Supreme Court's Alice decision across patent jurisdictions, including the PTAB, in the PatentlyO Law Journal. This paper updates the statistics...
Federal Circuit Requests Additional Arthrex Appointments Clause Briefing
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
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
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...