As readers know, we have written about Arthrex a lot. So what better way to start Monday than another short post? Today, the Supreme Court granted cert. in Carr v. Saul, No. 19-1442, and Davis v. Saul, No. 20-105—two cases...more
Maybe it was the end of summer and the start of fall, or the kids (kind of) going back to school. But whatever it was, last week the Court issued only one precedential decision, in a veteran’s benefits case. All said, the...more
9/17/2020
/ Administrative Patent Judges ,
Appeals ,
Appellate Courts ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Constitutional Challenges ,
Director of the USPTO ,
Follow-On Patent Petitions ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Reaffirmation ,
Remand ,
SCOTUS ,
Severability Doctrine ,
Vacated
Last week, the Court did not have many precedential decisions as Washington, D.C., COVID-19 or not, was in its usual August slowdown. Unlike the previous two weeks where we touched upon non-patent issues, we return (kind of,...more
8/25/2020
/ Administrative Procedure Act ,
Adverse Action ,
America Invents Act ,
Appellate Courts ,
Constitutional Challenges ,
Exclusive Jurisdiction ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Litigation Strategies ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Precedential Opinion ,
Reaffirmation ,
Set-Asides
While the rest of us wait on the Federal Circuit’s decision on the rehearing petitions in Arthrex, Inc. v. Smith & Nephew, Inc., there are signs that the Federal Circuit judges themselves may already have moved on.
In...more
3/23/2020
/ Administrative Patent Judges ,
Appointments Clause ,
Constitutional Challenges ,
Director of the USPTO ,
Judicial Appointments ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pending Litigation ,
Presidential Appointments ,
Removal At-Will
On the same day that patent challengers breathed a sigh of relief once the Supreme Court upheld the constitutionality of inter partes review (IPR) in Oil States, the Court also threw a monkey wrench into the way IPRs will be...more