PTAB Designates Printed Publication Cases
The PTAB recently designated a number of cases regarding procedures for determining whether a prior art reference is a "printed publication." One opinion regarding the difference in burdens of proving "printed publication" status between examination and IPRs was...
Federal Circuit Grants Arthrex Relief Despite Waiver Arguments
By Mike Lavine and Matt Johnson - On March 30, 2020, the Federal Circuit relied on Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) to vacate and remand several related PTAB decisions, including in proceedings where the patent owner did not...
Judges Removable-At-Will is Better than No PTAB At All
By Alex Li and Matt Johnson - On March 23, 2020, the Federal Circuit issued a per curiam order denying rehearing and rehearing en banc in Arthrex. See Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt. 115. We...
Timing Of Arthrex Remands Remains Fuzzy
By Steph Brooker and Matt Johnson - The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay on...
Decision Kicking PUMA’s Petition Against Nike Designated Informative
By John Kinton and Amanda Leckman - As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative. Here is an in depth review of the informative decision. On October 31, 2019, the PTAB denied PUMA North America, Inc....