News & Analysis as of

Appointments Clause Vacated

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Polaris Innovations Ltd. v. Brent, 48 F.4th 1365...

NVIDIA petitioned for IPR of two patents owned by Polaris. The Board found the challenged claims unpatentable. Polaris appealed. While on appeal, the final written decisions in those IPRs were vacated and the proceedings were...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

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

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

PTAB Strategies and Insights Newsletter: May 2022

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

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Fenwick & West LLP

Director of the USPTO Grants First Director Review of an IPR to Samsung for Lithium-ion Battery Patent

Fenwick & West LLP on

On November 1, 2021, the Director of the U.S. Patent and Trademark Office granted the first “Director review” to Samsung SDI Co. Director review is a new interim procedure that allows a party to seek review of a final written...more

Jones Day

PTAB Lifts Arthrex Remand Stay

Jones Day on

On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Boalick lifted a May 1, 2020 stay issued by the PTAB pending the Supreme Court’s consideration of Arthrex in which 103 cases were placed in “administrative...more

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

PTAB Strategies and Insights - July 2021

[co-author: Jay Bober, Summer Associate] 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...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (September 7-11): Another Arthrex Follow-on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Snyders Heart Valve LLC v. St. Jude Medical, LLC (Fed. Cir. 2020)

Earlier yesterday, the Federal Circuit vacated the final written decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in an inter partes review involving Appellant Snyders Heart Valve LLC and...more

Knobbe Martens

Federal Circuit Review - May 2020

Knobbe Martens on

IPR Petitioners May Not Raise Appointments Clause Challenges Under Arthrex - In CIENA CORPORATION v. OYSTER OPTICS, LLC, Appeal No. 19-2117, affirmatively petitioning for IPR waived the petitioner’s Appointments Clause...more

Knobbe Martens

IPR Petitioners May Not Raise Appointments Clause Challenges Under Arthrex

Knobbe Martens on

CIENA CORPORATION v. OYSTER OPTICS, LLC - Before Moore, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Affirmatively petitioning for IPR waives the petitioner’s Appointments Clause...more

Mintz - Intellectual Property Viewpoints

PTAB Presses Pause On All Arthrex Remands

On Friday, May 1, 2020, Chief Administrative Patent Judge Scott R. Boalick of the Patent Trial and Appeal Board (“PTAB”) paused all activity in the significant number of PTAB cases remanded to it from the Federal Circuit...more

Blank Rome LLP

PTAB Administratively Holds in Abeyance More Than 100 Cases Remanded Due to Arthrex, Inc. v. Smith & Nephew, Inc.

Blank Rome LLP on

On May 1, 2020, the Chief Administrative Patent Judge for the Patent Trial and Appeal Board (“PTAB”) issued a General Order administratively holding in abeyance all cases remanded from the United States Court of Appeals for...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Denies En Banc Rehearing of Panel Decision in Arthrex, Which Held PTAB Appointments Were Unconstitutional

This week the en banc Federal Circuit declined to revisit a panel ruling that found the appointment of Administrative Patent Judges (“APJs”) of the Patent Trial and Appeal Board (“PTAB”) violates the Appointments Clause of...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Denies Petitions for Rehearing En Banc in Arthrex

On March 23, 2020, a fractured Federal Circuit issued a precedential order denying rehearing en banc in Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-2140. On October 31, 2019, a three-judge Federal Circuit panel before...more

Jones Day

Arthrex en banc Denied – The Big Picture

Jones Day on

On Monday, March 23, 2020, the Federal Circuit denied rehearing and rehearing en banc in the Arthrex appeal that found PTAB ALJs to be unconstitutional appointments. Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order...more

Troutman Pepper

U.S. Government in Search of Arthrex Reversal

Troutman Pepper on

Image Processing Technologies LLC v. Samsung Electronics Co., LTD. et al., Appeal Nos. 2018-2156, 2019-1408, 2019-1485 (Fed. Cir. March 2, 2020). The Federal Circuit vacated and remanded the PTAB’s decisions against Image...more

Jones Day

Federal Circuit Reluctantly Applies Arthrex Decision

Jones Day on

On January 31, 2020, the Federal Circuit vacated and remanded a Patent Trial and Appeal Board (“PTAB”) final written decision in view of Arthrex, but did so reluctantly because it disagreed with the merits and questioned the...more

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

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Arthrex v. Smith & Nephew, 941 F.3d 1320 (Fed. Cir. 2019)

Arthrex appealed a final written decision from an inter partes review (IPR) where the Patent Trial and Appeal Board (PTAB) found all challenged claims of its patent anticipated. On appeal, Arthrex argued for the first time...more

Jones Day

IPR Petitioner Seeks Arthrex Remand Of PTAB Decision Denying Institution

Jones Day on

In view of Arthrex, can an unsuccessful petitioner get a do-over of a PTAB decision denying institution of an IPR? The USPTO says no, and the Federal Circuit has been asked to consider the question in United Fire Protection...more

Jones Day

Update: Parties, Government Seek Rehearing in Arthrex

Jones Day on

January 17 Update: On January 17, each of the parties filed responses to the rehearing petitions - As we have previously discussed on this blog and elsewhere, the Federal Circuit’s decision in Arthrex v. Smith & Nephew...more

Jones Day

Updates on Arthrex Developments

Jones Day on

The Federal Circuit and the patent world continues to grapple with the court’s decision in Arthrex v. Smith & Nephew.  Since our last updates, the parties in Arthrex and other cases have continued the push for en banc...more

Jones Day

Timeline of Arthrex Developments

Jones Day on

The Federal Circuit’s decision in Arthrex v. Smith & Nephew excited and disrupted the patent world... Inter partes review (IPR) reshaped patent law and patent litigation this decade after the America Invents Act took effect....more

International Lawyers Network

Can Appointment of Administrative Patent Judges be Unconstitutional?

For the Patent and Trial Appeal Board (“PTAB”), the Administrative Patent Judges (“APJs”) are appointed by the Secretary of Commerce in consultation with the Director of the United States Patent and Trademark Office.  For an...more

Jones Day

Fed. Cir. Dissent: Opening Brief Lacking Appointments Clause Mention Still Eligible for Remand

Jones Day on

Last week, the Federal Circuit denied a motion to vacate and remand an IPR decision under Arthrex, Inc. v. Smith & Nephew, Inc. Issued on October 31, Arthrex held that the method for appointing PTAB Administrative Patent...more

39 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide