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....
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!