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Administrative Patent Judges Petition For Rehearing Precedential Opinion

White & Case LLP

Federal Circuit Denies Rehearing of Decision Finding the Appointment of PTAB Judges Unconstitutional

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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

Jones Day

Federal Circuit Requests Additional Arthrex Appointments Clause Briefing

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Following up on a November 4th oral argument (accessible here) that focused on the Arthrex Appointments Clause issue, the Federal Circuit has requested additional briefing from Polaris, Kingston, and the U.S. regarding the...more

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Judge Dyk Says Arthrex Remedy is Unnecessary

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Judge Dyk and Judge Newman disagree with the Arthrex remedy requiring rehearing. In Arthrex, the Federal Circuit panel of Judges Moore, Reyna, and Chen held the appointment of Administrative Patent Judges (APJs) was an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - October 2018: PTAB Revises Standard Operating Procedures

We will address the PTAB’s updated Standard Operating Procedures in greater depth in a future issue of this newsletter. Meanwhile, we want our readers to be aware of two important revisions to the PTAB Standard Operating...more

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