Activity surrounding the requests for the Supreme Court’s review of the holdings in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II continues to increase. As outlined in “A Guide to Arthrex: Activity Heats Up in Petitions Pending with Supreme Court”, four petitions for writs of certiorari have been filed: U.S. v Arthrex, No. 19-1434, Smith & Nephew v. Arthrex, No. 19-1452, Arthrex v. Smith & Nephew, No. 19-1458, and Arthrex v. Smith & Nephew, No. 19-1204. Now, three more amicus briefs have been filed by US Inventor, TiVo and Comcast, and on July 27, an additional consolidated petition for certiorari filed by the U.S. Government and USPTO Director Andrei Iancu asked the Court to review 39 Federal Circuit rulings affected by Arthrex.
Recent Posts
- Other Barks and Bites for Friday, January 17: Teva Files IRA Challenge Amid Second Round of Medicare Negotiations; Ninth Circuit Says Kinetic Sculptures Can Be Sufficiently ‘Fixed’ for Copyright; USPTO Publishes Inventorship FAQs for AI-Assisted Inventions
- USPTO Fee Report: Discounts Don’t Cut It for Incentivizing New Patent Participants
- Federal Circuit Splits on Whether Toddler Tub May Infringe
- CAFC Rules Patent Applications are Considered Pre-AIA Prior Art By Filing Date, Not Publication Date
- The Biden Administration Rolls the Dice on NIH Patent Licensing