by Greg Castanias | Mar 4, 2021 | PTAB News
By Nate Andrews, Greg Castanias, and Dave Maiorana – On March 1, 2021, the Supreme Court heard oral arguments in Arthrex v. Smith & Nephew, No. 19-1434, on March 1, 2021, asking whether the appointment of PTAB judges is consistent with the way that “Officers...
by Matthew Johnson | Mar 2, 2021 | PTAB News
On Monday the Supreme Court heard arguments in the Arthrex case (Nos. 19-1434; -1452; -1458) (click link for transcript) regarding whether PTAB judges are principal officers, who must be appointed by the president and confirmed, or whether they are inferior officers...
by Matthew Johnson | Oct 13, 2020 | Federal Circuit Appeal, PTAB News
By Matt Johnson – On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit’s Arthrex decision, consolidating those three cases for briefing and argument. The questions to be presented are as follows: 1. Whether, for...
by Matthew Johnson | Oct 2, 2020 | Federal Circuit Appeal, Time Limits
By Matt Johnson – Current PTAB-relevant case law dictates: 35 U.S.C. § 315(b) “unambiguously precludes the Director from instituting an IPR if the petition seeking institution is filed more than one year after the petitioner, real party in interest, or privy of...
by John Marlott | Jul 6, 2020 | PTAB News
By Nate Andrews, John Marlott, and Dave Maiorana – The United States petitioned the Supreme Court for certiorari in Arthrex. Cert. Pet., No. 19-1434 (June 25, 2020). Two additional petitions for writs of certiorari have been filed, one by Arthrex and one by...
