by Albert Liou | May 6, 2020 | Federal Circuit Appeal
By Albert Liou – The Federal Circuit’s April 30, 2020 decision in Grit Energy Solutions, LLC v. Oren Technologies, LLC, No. 2019-1063, held that a former patent infringement defendant who had sold off the allegedly infringing product line and obtained a...
by Matthew Johnson | Apr 21, 2020 | Federal Circuit Appeal, PTAB News, Time Limits
On Monday, the Supreme Court ruled that 35 U.S.C. § 314(d)’s statement that the “determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable” means that PTAB decisions regarding the...
by Matthew Johnson | Apr 9, 2020 | Federal Circuit Appeal, PTAB News, Request for Reconsideration
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...
by David Maiorana | Mar 26, 2020 | Federal Circuit Appeal, PTAB News
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...
by John Marlott | Mar 24, 2020 | Federal Circuit Appeal, PTAB News
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....