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

  1. January 17, 2020

    USPTO Slams Arthrex Call To Strike Down IPRs At Fed. Circ.

    The U.S. Patent and Trademark Office on Friday urged the full Federal Circuit to revisit a panel decision that Patent Trial and Appeal Board judges are unconstitutionally appointed, while slamming Arthrex's bid to invalidate the statute governing inter partes reviews.

  2. January 09, 2020

    Everything You Need To Know About Arthrex

    At the end of October, a Federal Circuit panel said the way Patent Trial and Appeal Board judges are appointed is unconstitutional, and solved the problem by removing tenure protections. Since then, each aspect of the ruling has been under scrutiny. Here, Law360 breaks down what you need to know about the case and its aftermath. 

  3. January 03, 2020

    Generics Industry Urges Fed. Circ. To Fix Arthrex 'Disarray'

    The generic-drug industry and a group of New York intellectual property lawyers have urged the full Federal Circuit to reconsider a panel's decision that Patent Trial and Appeal Board judges have been unconstitutionally appointed, with one group warning of disarray, and the other of "devastating consequences."

  4. December 17, 2019

    Full Fed. Circ. Urged By All Sides To Rethink Arthrex

    Arthrex Inc., Smith & Nephew Inc. and the federal government have all asked the full Federal Circuit to reconsider a panel's explosive decision that Patent Trial and Appeal Board judges aren't constitutionally appointed and made it easier for them to be removed, although each offered different takes.

  5. November 19, 2019

    Lawmakers Eye Possible Fix To PTAB's Constitutional Flaw

    Members of the House Judiciary Committee expressed concern Tuesday that a Federal Circuit decision aiming to remedy a constitutional flaw in the Patent Trial and Appeal Board's structure will undermine the board's impartiality, and said Congress should quickly enact a better fix.

  6. November 01, 2019

    Surveying The Fallout From The PTAB Constitutionality Ruling

    The Federal Circuit's ruling that the Patent Trial and Appeal Board's structure was unconstitutional will allow new hearings in some cases, but will it meaningfully change how the board operates? Here's a look at the questions swirling after the surprising decision.

  7. October 31, 2019

    Fed. Circ. Rules PTAB Judge Appointments Unconstitutional

    The Federal Circuit ruled Thursday that the way Patent Trial and Appeal Board judges are appointed is unconstitutional because they do not receive enough oversight and supervision from the director of the U.S. Patent and Trademark Office.