Analysis

Patent Owners Should Think Hard Before Giving Up At PTAB

By Matthew Bultman (January 31, 2018, 8:04 PM EST) -- The Federal Circuit's decision to uphold a Patent Trial and Appeal Board judgment against Arthrex Inc. in a case over a suture anchor patent highlights the often overlooked patent owner estoppel — and shows voluntarily giving up patent claims may not be the end-run around this rule for which some had hoped.

The appeals court on Jan. 24 affirmed the PTAB's decision to enter adverse judgment against Arthrex after it disclaimed and gave up rights to all the patent claims that Smith & Nephew Inc. challenged in a 2016 petition for inter partes review. Arthrex did so before the institution stage....

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