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Judges Disagree on Arthrex, But Rehearing Vote Fails

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...

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Arthrex en banc Denied – The Big Picture

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....

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BREAKING: Arthrex Rehearing Denied

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...

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PTAB Focuses on IPR Control to Determine RPI

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...

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