Posts filtered by tags: Arthrex[x]


 

Cert Denied Feb 2021

Two patent cases denied certiorari today:  GS Cleantech Corporation, et al. v. Adkins Energy LLC, et al., No. 20-769 (Standard of review when appealing an issue decided on summary judgment that later served as the basis for an inequitable conduct finding). adidas AG v. Nike, Inc., No. 20-728 (are PTAB judges principal officers?) The adidas decision confused me a bit – the court has held over other cases on the same question awaiting the outcome in Arthrex that is set for Oral arguments on Mar...
Tags: Law, Nike, Patent, Nike Inc, AG, Arthrex, Adkins Energy LLC, GS Cleantech Corporation


United States: Arthrex - Government's Reply Brief - Foley & Lardner

Smith & Nephew and the United States filed their reply briefs on January 22. In its reply brief, the United States rebuts many of the positions taken by Arthrex in its initial merits brief.
Tags: News, United States, Foley, Lardner, Smith Nephew, Arthrex


United States: Arthrex's Initial Merits Brief – Making The Case For Patent Judges As Principal Officers - Foley & Lardner

Progress in the Arthrex case before the Supreme Court continues as Arthrex submitted its initial merits brief on December 23rd.
Tags: News, Supreme Court, United States, Foley, Lardner, Arthrex


Briefing begins in US v. Arthrex

US vs. Arthrex, 19-1434 (Supreme Court 2020). Earlier this year the Supreme Court granted writ of certiorari on the PTAB appointments clause issues stemming from the Federal Circuit’s determination that (1) PTAB judges were Officers of the United States who should have been appointed by the President (rather than by the Secretary of Commerce), but (2) the appointments problem was curable by eliminating any statutory job security held by the judges (this reduced them to “inferior officers” who ar...
Tags: Supreme Court, Law, Congress, Senate, Court, US, United States, Commerce, Smith, Patent, Presidential, Board, PTO, Edmond, U S Patent and Trademark Office, Federal Circuit


United States: What Arthrex Could Mean For The PTAB Going Forward - Foley & Lardner

Now that the Supreme Court has granted cert in Arthrex v. Smith & Nephew, patent owners and petitioners alike may be wondering what ramifications the Court's decision may have on their proceedings.
Tags: News, Supreme Court, Court, United States, Foley, Lardner, Smith Nephew, Arthrex


United States: Arthrex: Who Are You Calling Inferior? - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

On October 13, the US Supreme Court granted certiorari in Arthrex v Smith & Nephew, (case numbers 19-1434, -1452, and -1458). Accordingly, the Supreme Court will now consider whether...
Tags: News, Supreme Court, United States, US supreme court, Smith Nephew, Arthrex, Finnegan Henderson Farabow Garrett, Dunner LLP


United States: BREAKING: Arthrex Headed To The Supreme Court - Jones Day

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.
Tags: News, Supreme Court, United States, Federal Circuit, Arthrex


United States: Supreme Court To Weigh In On Constitutionality Of Patent And Trial Appeal Board Appointments - Proskauer Rose LLP

The Supreme Court recently granted three petitions for certiorari challenging the Federal Circuit's holding in Arthrex v. Smith & Nephew that administrative patent judges of the Patent Trial...
Tags: News, Supreme Court, United States, Federal Circuit, Proskauer Rose LLP, Smith Nephew, Arthrex


United States: Podcast: Arthrex v. Smith & Nephew - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In this episode of the DeviceTalks Weekly podcast, Mike Jakes discusses why the medical device industry should be watching when the...
Tags: News, United States, Smith, Arthrex, Finnegan Henderson Farabow Garrett, Dunner LLP, Mike Jakes


United States: Fate Of PTAB Judges And Decisions Now In Hands Of Supreme Court - Mintz

On October 13, 2020, the U.S. Supreme Court granted three petitions for writ of certiorari related to Arthrex v. Smith & Nephew addressing two issues that will determine the fate of PTAB
Tags: News, United States, U S Supreme Court, Smith Nephew, Arthrex, Hands Of Supreme Court Mintz


Certiorari granted in Arthrex

by Dennis Crouch The Supreme Court has granted Certiorari in Arthrex on the questions of whether Administrative Patent Judges (APJs) were properly appointed under the U.S. Constitution and, if not, what is the proper remedy. None of the appellants were satisfied with the Federal Circuit’s decision in the case and each petitioned for Supreme Court review. Subsequently, the U.S. Gov’t filed a memorandum walking through what it saw as the three unifying questions presented in the case. The court ha...
Tags: Supreme Court, Law, Congress, Senate, Court, Patent, Moore, Hughes, Chen, O'Malley, U S Patent and Trademark Office, Reyna, Federal Circuit, Stoll, Prost, IPR


Supreme Court will consider constitutional status of administrative patent judges

The Supreme Court on Tuesday granted a trio of petitions seeking review of a decision by the U.S. Court of Appeals for the Federal Circuit holding that administrative patent judges of the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office must be appointed by the president and confirmed by the Senate. To fix the problem, the Federal Circuit ruled that federal laws that place restrictions on when officials can be removed from office cannot apply to administrative patent judges,...
Tags: Featured, Supreme Court, Law, California, Senate, United States, Idaho, Howe, U S Court of Appeals, Clarence Thomas, Federal Circuit, U S Court of Appeals for the Federal Circuit, Merits Cases, Smith Nephew Inc, Arthrex, Court The post Supreme Court


Does your Heart Break for this Patentee?

by Dennis Crouch The decision in this case is short and non-precedential, but raises an interesting Arthrex issue on Unconstitutional Appointments.  Snyders Heart Valve LLC v. St. Jude Medical, LLC (Fed. Cir. 2020) (SnydersStJude) Snyders’ US Patent No. 6,821,297 covers a collapsible artificial heart valve that can be attached through a blood vessel rather than open-heart surgery. After being sued for infringement, St. Jude filed an IPR petition and won a determination that the claims would-ha...
Tags: Supreme Court, Law, Patent, American Bar Association, PTO, Federal Circuit, St Jude, IPR, Snyders, Dennis Crouch, PTAB, Iancu, Arthrex, Dir Iancu, Snyders Heart Valve LLC, St Jude Medical LLC Fed


Racing Tribunals: The Judge, the Jury, and the PTAB

by Dennis Crouch Thousands of patents claims have been cancelled by the PTAB in inter partes review proceedings.  These are cases where a third party was willing to pay hundreds-of-thousands-of-dollars to cancel a set of claims.  A good number of those patents would have been enforced by a district court. In fact, a good number of those patents have been enforced in Federal Court. Personal Audio, LLC v. CBS Corporation (Supreme Court 2020) again builds a montage of competing patent tribunals — a...
Tags: Supreme Court, Law, Trans, Patent, Fed, U S Supreme Court, PTO, Dow Chemical Co, Federal Circuit, ePlus Inc, IPR, Dennis Crouch, Lawson Software Inc, PTAB, Arthrex, Fresenius USA Inc


Arthrex: Federal Circuit now Staying Cases Pending Supreme Court Resolution

Uniloc 2017 LLC v. Google LLC (Fed. Cir. 2020) (Appeal Nos. 19-2277 and 19-2307) Conventional wisdom is now that the Supreme Court will grant certiorari in Arthrex on the questions of (1) whether a PTAB judge is a principal Officer under the U.S. Constitution and if so (2) what result? In this pair of pending inter partes review appeals, the Federal circuit has agreed with the patentee that the proper course of action at this point is to wait for a resolution of Arthrex: Uniloc 2017 LLC moves to...
Tags: Supreme Court, Law, US, Patent, Fed, PTO, Federal Circuit, Arthrex Inc, Smith Nephew Inc, PTAB, Arthrex, Uniloc, Google LLC, Google LLC Fed, Uniloc 2017 LLC, Supreme Court Uniloc


Drawing the Fall Line: No Mandamus for Real-Party-In-Interest Argument

Fall Line Patents, LLC v. Unified Patents, LLC (Fed. Cir. 2020) [FallLine] In this case, Judge Moore begins with a lamentation that a Federal Circuit panel is “bound by the determinations of a prior panel, unless relieved of that obligation by an en banc order of the court or a decision of the Supreme Court.” Quoting Deckers Corp. v. United States, 752 F.3d 949 (Fed. Cir. 2014).* Here, Fall Line appealed against the PTAB’s real party-in-interest determinations. That argument was recently foreclo...
Tags: Supreme Court, Law, United States, Patent, Fed, Moore, LLC, Federal Circuit, IPR, PTAB, Arthrex, Puzhen Life USA LLC, Fall Line Patents LLC, Unified Patents LLC Fed, Supreme Court '' Quoting Deckers Corp


Arthrex applies to: “All agency actions rendered by those [unconstitutionally appointed] APJs”

Virnetx Inc. v. Cisco Systems and USPTO (intervenor) (Fed. Cir. 2020) (precedential rehearing denial) In Virnetx, the Federal Circuit issued a non-precedential decision remanding and vacating the PTO decision in light of Arthrex (unconstitutionally appointed PTAB judges cannot cancel a patent).  One difference between this case and artrex is that the Virnetx patents were cancelled via pre-AIA inter partes reexamination rather than inter partes review.  The court found the difference meaningless:...
Tags: Supreme Court, Law, United States, AIA, Patent, Cisco Systems, Fed, Moore, Chen, O'Malley, PTO, Federal Circuit, IPR, VirnetX, Arthrex Inc, Smith Nephew Inc


CAFC: Arthrex Inoculated IPRs that had not yet reached Final Written Decision

Caterpillar Paving Products Inc. v. Wirtgen America, Inc. (Fed. Cir. 2020) In 2018, Wirtgen petitioned the USPTO Director to institute an inter partes review (IPR) against Caterpillar’s US9045871 (paving machine).  The PTO initiated the IPR, and eventually concluded that the challenged claims (as well as proposed substitute claims) were all unpatentable. On appeal, Caterpillar asked the court to vacate and remand the decision for a new-hearing with a new-panel – citing Arthrex, Inc. v. Smith & ...
Tags: Law, Patent, Fed, Caterpillar, PTO, Federal Circuit, IPR, Arthrex Inc, Smith Nephew Inc, Arthrex, Wirtgen, Caterpillar Paving Products Inc, Wirtgen America Inc Fed, Cienna Corp


En Banc Denial in Arthrex

by Dennis Crouch Arthrex, Inc. v. Smith & Nephew, Inc. and U.S. as intervenor (Fed. Cir. 2020) (en banc denial) None of the parties in this case were happy with the Federal Circuit’s original decision in Arthrex and all filed petitions for en banc rehearing.  Those petitions have now been denied in what appears to be a 8-4 split with Judges Newman, Wallach, Dyk, and Hughes expressly dissenting from the denial.  Judge Moore authored the original opinion in the case and also authored an opinion he...
Tags: Supreme Court, Law, Congress, Senate, US, United States, Uspto, AIA, Patent, Fed, Moore, Congressional, Duffy, Hughes, Chen, O'Malley


Constitutionality of Administrative Patent Judges

The Federal Circuit has issued two recent Arthrex-related orders of note. In Arthrex, the Federal Circuit held that the appointment process for PTAB judges (Administrative Patent Judges) violates the Appointments Clause of Article II of the U.S. Constitution.  According to the court, these Judges are “principal officers” and thus must be appointed by the President of the United States (rather than merely the head of the Commerce Dep’t).  I explained in a prior post that the court also “issued a ...
Tags: Law, Congress, United States, Commerce, Uspto, Patent, Fed, Hughes, PTO, Federal Circuit, Wallach, Fed Cir, PTAB, Arthrex, Commerce Dep, PTAB IPR


United States: Updates On Arthrex Developments - Jones Day

The Federal Circuit and the patent world continue to grapple with the court's decision in Arthrex v. Smith & Nephew. Since our last updates, the parties in Arthrex and other cases have continued...
Tags: News, United States, Federal Circuit, Arthrex, Smith Nephew Since


United States: Parties, Government Seek Rehearing In Arthrex - Jones Day

As we have previously discussed on this blog and elsewhere, the Federal Circuit's decision in Arthrex v. Smith & Nephew has generated significant discussion and controversy in the patent world.
Tags: News, United States, Federal Circuit, Smith Nephew, Arthrex


United States: Timeline Of Arthrex Developments - Jones Day

The Federal Circuit's decision in Arthrex v. Smith & Nephew excited and disrupted the patent world. (See, Jones Day Podcast recapping Arthrex decision and fallout.)
Tags: News, United States, Federal Circuit, Smith Nephew, Arthrex


Principal Officers: Three En Banc Petitions in Arthrex v. Smith & Nephew

by Dennis Crouch None of the parties were happy with the outcome in Arthrex v. Smith & Nephew (Fed. Cir. 2019) and all three have now petitioned for en banc review: Arthrex- Smith&NephewBrief Arthrex-ArthrexBrief Arthrex-PTOBrief In its decision, the Federal Circuit held that the appointment process for PTAB judges (APJs) violates the Appointments Clause of Article II of the U.S. Constitution.  The court explained that these judges are principal officers under the constitution and thus, must b...
Tags: Law, United States, Uspto, Smith, Patent, PTO, Federal Circuit, Dennis Crouch, PTAB, CAFC, Arthrex, Smith Nephew Fed, Three En Banc Petitions in Arthrex, Arthrex Smith NephewBrief Arthrex, PTAB Judges


United States: "Lawyers React As Federal Circuit Takes On Constitutional Conundrum" (Featured Quotes) - Marshall, Gerstein & Borun LLP

In an article published in Managing Intellectual Property on November 8, 2019, Partner and Chair, IP Litigation Benjamin Horton is quoted discussing the implications of the Federal Circuit's ruling in Arthrex v. Smith & Nephew
Tags: News, United States, Federal Circuit, Arthrex, Marshall Gerstein, Borun LLP, Benjamin Horton


United States: Haste Makes Waste? - Marshall, Gerstein & Borun LLP

If the Federal Circuit's decision in Arthrex wasn't sufficiently newsworthy, then look at what lurks in its wake.
Tags: News, United States, Federal Circuit, Arthrex, Marshall Gerstein, Borun LLP


Guest Post by Prof. Rai: In the Constitutional Cross-Hairs: PTAB Judges and Administrative Adjudication

Guest post by Arti K. Rai, Elvin R. Latty Professor of Law and Faculty Director, The Center for Innovation Policy, at Duke Law. Last Thursday, in Arthrex v. Smith & Nephew (Fed. Cir. 2019), a panel of the Federal Circuit held that the administrative patent judges (APJs) at the PTAB are “principal officers” who must, under the Appointments Clause of the Constitution, be appointed by the President and confirmed by the Senate.  In contrast, the current patent statute provides for APJs to be appoint...
Tags: Supreme Court, Law, Senate, Court, Pop, United States, Commerce, Commission, Uspto, SEC, Patent, Presidential, Morrison, Scalia, Lucia, Roberts


PTAB Violates US Const. Appointments Clause

by Dennis Crouch We have a more complete post coming on Monday, but wanted to highlight Arthrex v. Smith & Nephew (Fed. Cir. 2019). In Arthrex, the Federal Circuit held that the PTAB Judge (APJ) appointments process “violates the Appointments Clause, U.S. Const., art. II, § 2, cl. 2.”  In particular, the court held that APJs are “principal officers” and thus require appointment by the President rather than merely the Secretary of Commerce.  The court cited and relied upon Prof. John Duffy’s pape...
Tags: Law, Commerce, Patent, PTO, Federal Circuit, John Duffy, John F Duffy, Dennis Crouch, Arthrex, Smith Nephew Fed


McClurg v. Kingsland, 42 U.S. 202 (1843) – Shop Rights and Retroactive Patent Statutes

by Dennis Crouch In Arthrex, Inc. v. Smith & Nephew, Inc., 935 F.3d 1319 (Fed. Cir. 2019), the patentee (Arthrex) argued that the inter partes review is an unconstitutional due process violation when applied retroactively against pre-AIA patents. The Federal Circuit rejected the basis for the argument — Although Arthrex filed its patent applications prior to passage of the AIA, the patent issued afterward. In somewhat cryptic analysis the court worte: That Arthrex filed its patent applications p...
Tags: Supreme Court, Law, Congress, AIA, Patent, Fed, Harley, Stevens, Circuit Court, Federal Circuit, IPR, Kingsland, Ashcroft, Dennis Crouch, McClurg, Arthrex Inc


Sticker shock jolts Oklahoma patient: $15,076 for four tiny screws

By Liz Szabo, California Healthline Sherry Young just wanted to be able to walk without pain. About three years ago, she began to experience sharp pain in her left foot. Her big toe had become crooked and constantly rubbed up against the adjacent toe, making it painful to run, walk or even stand. “I could not walk without intense pain unless I had a pad underneath my toes for cushioning,” Young said. An orthopedic surgeon told her that he could fix her problem for good. “He thought my foot was h...
Tags: Business, News, California, Sport, Soccer, Healthcare, Npr, Oklahoma, Local News, Kaiser Health News, Young, Oklahoma City, OU Medical Center, Medi Cal, Naples Fla, Rickert