Smith & Nephew petitioned for IPR of Arthrex’s ’907 patent, which claims a surgical device with an “eyelet” through which a suture is threaded. Smith & Nephew argued in relevant part that certain claims were anticipated by a...more
As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more
Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR - In Google LLC v. IPA Technologies Inc., Appeal No. 21-1179, the Federal Circuit held that, for purposes of determining whether a reference was...more
On Friday May 27, 2022, the Federal Circuit added another opinion to the Arthrex line of cases. As a short refresher, Arthrex was back at the Federal Circuit after being remanded to the Board for Director Review after Patent...more
On May 27, in Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit agreed that the Commissioner for Patents, performing the duties of the Director of the USPTO, had the authority to decide a request for rehearing of a...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: During vacancies of Director and Deputy Director of the U.S. Patent and Trademark Office,...more
While the news on the EB-5 investor visa appear promising, Congress has still failed to reauthorize the EB-5 regional center program beyond its June 30, 2021, sunset date. Reduced Minimum Investment Amount-... ...more
Congress and the Coronavirus. In the wake of the growing coronavirus threat, federal lawmakers responded this week by doing what they do best: holding hearings. The U.S. Senate Committee on Health, Education, Labor and...more
On June 10, 2019, Kenneth T. Cuccinelli became the new acting director of U.S. Citizenship and Immigration Services (USCIS), replacing L. Francis Cissna, who stepped down at the beginning of June 2019. Cuccinelli previously...more
Board Rules on Union Access. Late last week, the National Labor Relations Board issued a decision involving the balancing of employees’ statutory right to organize with employers’ private property rights. In the case, the...more
Wage and Hour Rulemaking News. June 12, 2019, was the deadline for submission of public comments in response to the U.S. Department of Labor’s Wage and Hour’s Division’s (WHD) proposed changes to clarify what forms of payment...more
On July 6, 2018, Leandra English, through her attorney via Twitter, announced she would be resigning from the Consumer Financial Protection Bureau (“CFPB”)....more
Democratic Senators Elizabeth Warren and Sherrod Brown have sent a letter to Kathy Kraninger, President Trump’s nominee for CFPB Director, seeking documents and other information about Ms. Kraninger’s role in the development...more
According to numerous media sources, the White House announced on Friday, June 16, that President Trump plans to nominate Kathy Kraninger as CFPB Director later this week. ...more
The end of the 210-day period during which Mick Mulvaney can serve as CFPB Acting Director under the Federal Vacancies Reform Act (FVRA) in the absence of President Trump’s nomination of a permanent Director is drawing...more
The battle for control of the Consumer Financial Protection Bureau (“CFPB”) raged on last Thursday during oral argument before the United States Court of Appeals for the District of Columbia Circuit in English v. Trump....more
On April 12, 2018, Mick Mulvaney, the Acting Director of the Consumer Financial Protection Bureau (Bureau) testified before the Senate Committee on Banking, Housing, and Urban Affairs regarding the Bureau’s Semi-Annual Report...more
On April 12, 2018, the United States Court of Appeals for the District of Columbia Circuit held oral argument on the appeal brought by Leandra English, CFPB Deputy Director, of the district court’s denial of her application...more
The D.C. Circuit will live stream the oral argument scheduled for April 12 in Leandra English’s appeal in her action seeking a declaration that she, rather than Mick Mulvaney, is the lawful CFPB Acting Director. Ms. English...more
Three amicus briefs have been filed in the U.S. Court of Appeals for the D.C. Circuit in support of President Trump and Mick Mulvaney, who are asking the D.C. Circuit to affirm the district court’s decision denying Leandra...more
Leandra English has filed her reply brief in her appeal of the district court’s denial of her preliminary injunction motion in her action seeking a declaration that she, rather than Mick Mulvaney, is the lawful CFPB Acting...more
Mick Mulvaney’s appointment by President Trump as CFPB Acting Director became effective on November 25, 2017 upon Richard Cordray’s resignation (which became effective at midnight on November 24). ...more
The Department of Justice has filed its opposition brief in Leandra English’s appeal of the district court’s denial of her preliminary injunction motion in her action seeking a declaration that she is the lawful Acting CFPB...more
Five amicus briefs have been filed in the U.S. Court of Appeals for the D.C. Circuit in support of Leandra English. Ms. English has appealed the district court’s denial of her preliminary injunction motion in her action...more