On Monday, the Supreme Court issued its decision in three related appeals popularly called Arthrex. We previously published an alert with a summary of the different opinions in that decision. This alert focuses more on...more
6/24/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
In U.S. v. Arthrex, Inc. (19-1434); Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452); and Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458), a splintered Supreme Court agreed with the Federal Circuit that there is a problem at...more
6/24/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
Cuozzo Speed Techs., LLC v. Lee, __ U.S. __ (June 20, 2016) (Breyer, J.; concurrence by Thomas; partial concurrence and dissent by Alito, with Sotomayor joining)
Yesterday, the Supreme Court affirmed the Federal...more
The Supreme Court yesterday unanimously reversed the Federal Circuit’s decisions on enhanced damages involving patentees Halo and Stryker (in consolidated appeals). Under the Federal Circuit’s Seagate test, a patentee could...more