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Expert Analysis

Open Issues After Fed. Circ. PTAB Judge Appointments Ruling

By William Milliken and Michael Joffre (March 23, 2020, 6:57 PM EDT) -- Monday, the U.S. Court of Appeals for the Federal Circuit voted 8-4 not to rehear en banc its explosive decision in Arthrex Inc. v. Smith & Nephew Inc.[1] U.S. Circuit Judges Timothy Dyk, Pauline Newman, Evan Wallach and Todd Hughes dissented from the denial of en banc review, and several judges wrote separate opinions explaining the reasons for their votes....

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