On May 27, the U.S. Court of Appeals for the Federal Circuit issued a decision in Arthrex, Inc. v. Smith & Nephew, Inc. (Arthrex II) affirming both a final written decision issued by the Patent Trial and Appeal Board (PTAB) invalidating patent claims owned by Arthrex, as well as several arguments raised by Arthrex challenging the denial of Director review decided by the U.S. Patent and Trademark Office’s Commissioner for Patents. The opinion, authored by Chief Judge Kimberley Moore, reasoned that the USPTO did not violate the U.S. Supreme Court’s mandate in Arthrex I despite the fact that no presidentially-appointed, senate-confirmed Director was in place at the USPTO when the agency denied Arthrex’s request for Director review.
Litigation
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
- U.S. Taxpayers Should Not Be Paying for Private Patent Infringement
- UK Court Hands Down Key FRAND Ruling in InterDigital v. Lenovo
- Litigation Trends, Shared Core Technologies Make Wi-Fi 6 an Attractive SEP Monetization Target (Part 1)
- Federal Circuit: Known Technique Addressing Known Problem Satisfies KSR’s Motivation to Combine Analysis
Recent Posts
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
- U.S. Taxpayers Should Not Be Paying for Private Patent Infringement
- UK Court Hands Down Key FRAND Ruling in InterDigital v. Lenovo
- Litigation Trends, Shared Core Technologies Make Wi-Fi 6 an Attractive SEP Monetization Target (Part 1)
- Other Barks & Bites: UK Rules in InterDigital-Lenovo SEP Fight; USPTO to add FDA Info to PTE Page; Copyright Office Launches Initiative to Explore AI’s Implications on Copyright Law