Arthrex, Inc. v. Smith & Nephew, Inc.

  1. February 23, 2022

    USPTO Says Arthrex Patent Do-Over Bid Could Paralyze Gov't

    Arthrex's argument that the interim director of the U.S. Patent and Trademark Office cannot review Patent Trial and Appeal Board decisions misreads the law and would cause "paralysis" of many agencies during presidential transitions, the office told the Federal Circuit on Tuesday.

  2. January 12, 2022

    Arthrex Wants Implant Patent Rematch With New USPTO Chief

    Arthrex has told a federal appeals court that it "never got the remedy the Supreme Court ordered" in its landmark patent battle against Smith & Nephew because the interim U.S. Patent and Trademark Office director lacks the authority to deny bids for director review.

  3. November 01, 2021

    Hirshfeld Won't Review Ax Of Arthrex Patent That Started It All

    The U.S. Patent and Trademark Office's acting director has refused to review the Patent Trial and Appeal Board's invalidation of Arthrex Inc.'s patent, which had led to the U.S. Supreme Court ruling that administrative patent judges are unconstitutionally appointed.

  4. July 27, 2021

    Arthrex Asks To Fight PTAB Ax On Other Grounds On Remand

    Arthrex has asked the Federal Circuit to let it weigh in on what happens to its case at the Patent Trial and Appeal Board following the U.S. Supreme Court's Arthrex ruling, saying it "has not yet had a full opportunity" to challenge the board's initial ruling.

  5. May 04, 2020

    PTAB Halt To Arthrex Remands Puts Over 100 Cases In Limbo

    The Patent Trial and Appeal Board made an understandable decision Friday to halt proceedings in cases remanded to it under the Federal Circuit's Arthrex ruling until the U.S. Supreme Court weighs in, attorneys say, but it leaves parties in a holding pattern for potentially over a year.

  6. March 30, 2020

    Fed. Circ. Won't Stay Arthrex Decision For High Court Appeal

    The Federal Circuit on Monday shot down a bid to press pause on its finding that Patent Trial and Appeal Board judges are unconstitutionally appointed, even though the request was backed by both parties in the case, Arthrex Inc. and Smith & Nephew Inc., as well as the federal government.

  7. March 27, 2020

    All Arthrex Parties Back Feds' Stay Bid For High Court Appeal

    Both the U.S. Patent and Trademark Office and Arthrex have asked the Federal Circuit to stay its mandate in litigation in which a panel found that Patent Trial and Appeal Board judges are unconstitutionally appointed, saying at least one appeal to the U.S. Supreme Court is in the works.

  8. March 23, 2020

    Justices, Congress Might Tackle PTAB Constitutionality Next

    The full Federal Circuit's decision Monday not to review a ruling that Patent Trial and Appeal Board judges are unconstitutionally appointed may not be the last word on the issue, attorneys say, with U.S. Supreme Court appeals and congressional action potential next steps.

  9. March 23, 2020

    Full Fed. Circ. Won't Review PTAB Unconstitutionality Case

    The full Federal Circuit on Monday refused to reconsider a ruling that Patent Trial and Appeal Board judges are unconstitutionally appointed, saying it was in line with precedent, while four judges objected both to the decision and the way the panel sought to fix the constitutional flaw.

  10. January 21, 2020

    Arthrex, S&N Push Full Fed. Circ. To Review PTAB Ruling

    Arthrex Inc. and Smith & Nephew Inc. are pressing the full Federal Circuit to revisit an earlier decision that the Patent Trial and Appeal Board judges are unconstitutionally appointed, with each side swiping at the other for its arguments on how the full court should proceed.