On June 21, 2021, the US Supreme Court issued its decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. The Court found that the provisions of the America Invents Act establishing inter partes review proceedings...more
On March 1, 2021, the Supreme Court heard the oral argument in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. Two questions are before the Court. First, whether under the Appointments Clause, U.S. Const. Art. II, § 2,...more
3/3/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Constitutional Challenges ,
Director of the USPTO ,
Inferior Officers ,
Patent Trial and Appeal Board ,
Patents ,
Principle Officers ,
SCOTUS ,
Severability Doctrine
In a 7-2 decision written by Justice Ginsburg, the U.S. Supreme Court, in Thryv, Fka Dex Media v. Click-To-Call Techs., No. 18-916, 2020 U.S. LEXIS 2406 (2020), held that the Patent Trial and Appeal Board's ("Board") decision...more
4/23/2020
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§ 315(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
On March 23, 2020, the Court of Appeals for the Federal Circuit ("CAFC") issued a per curiam order denying all filed petitions for rehearing en banc and panel rehearing in Arthrex, Inc. v. Smith & Nephew, Inc. No. 18-2140...more
On October 31, 2019, a three-judge panel of the Court of Appeals for the Federal Circuit ("CAFC") issued a decision, authored by Judge Moore, in Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140. The CAFC held that the...more
11/5/2019
/ Administrative Patent Judges ,
Appointments Clause ,
Constitutional Challenges ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Appointments ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Principle Officers ,
Remand ,
Removal ,
USPTO ,
Vacated
How has President Trump's "America First" philosophy affected US patent policy? White & Case partners discussed what an evolving US patent policy will mean for other nations, and to propose effective responses....more
7/26/2019
/ Broadest Reasonable Interpretation Standard ,
Claim Amendments ,
Claim Construction ,
Diagnostic Method ,
International Summits ,
Japan ,
Life Sciences ,
Patent Trial and Appeal Board ,
Patent Trolls ,
Patent-Eligible Subject Matter ,
Patents ,
Post-Grant Review ,
Presidential Appointments ,
Treatment Method Patents ,
Trump Administration ,
United States ,
USPTO