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...
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...