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...
PTAB Focuses on IPR Control to Determine RPI
By Marc Blackman - In three related final written decisions, the PTAB ruled that Bayer Healthcare (“Bayer”) was not a real party in interest (“RPI”) to IPR petitions filed by NOF Corporation, even though Bayer had a business relationship with NOF and stood to benefit...