PTAB Reconciles Its Prior §101 Ruling With CBM Institution
By Morgan Restaino and Tim Heverin Following guidance from the Federal Circuit, the PTAB has vacated a previous Board decision granting Covered Business Method review in Apple, Inc. v. Universal Secure Registry LLC (P.T.A.B. Dec. 3, 2018). The PTAB’s decision to...
Fed. Cir. Dissent: Opening Brief Lacking Appointments Clause Mention Still Eligible for Remand
By Emma Murray and Tim Heverin Last week, the Federal Circuit denied a motion to vacate and remand an IPR decision under Arthrex, Inc. v. Smith & Nephew, Inc. Issued on October 31, Arthrex held that the method for appointing PTAB Administrative Patent Judges...
Federal Circuit Three Times More Likely to Rule 36 Patent Owner-Appellants
By Austin Ball and Carl Kukkonen When patent owners appeal PTAB decisions to the Federal Circuit, 67% of subsequent opinions are one-line Federal Circuit Rule 36 (“Rule 36”) summary affirmance orders, but when petitioners appeal, that number is a mere 18%. Chestnut...
Notes from House Judiciary Subcommittee Hearing on Arthrex
By Marlee Hartenstein and Matt Johnson On Tuesday, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet conducted a hearing to discuss recent court decisions, namely the Federal Circuit’s decision in Arthrex. Previously...
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...