Fed. Circ. Says PTAB Erred In Axing Part Of Surgical Patent

Law360, New York (January 30, 2018, 9:03 PM EST) -- The Federal Circuit on Tuesday affirmed part of a Patent Trial and Appeal Board decision that many claims of a Smith & Nephew Inc. surgical tool patent are invalid, but held that the board wrongly invalidated some claims based on an earlier patent that is not related to surgery.

Of the 26 patent claims that the PTAB found invalid in an inter partes re-examination, the Federal Circuit upheld the board’s findings on 23 of them. Its reversal on the three other claims, however, delved into the...
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