Full Fed. Circ. Urged By All Sides To Rethink Arthrex

Law360 (December 17, 2019, 5:51 PM EST) -- Arthrex Inc., Smith & Nephew Inc. and the federal government have all asked the full Federal Circuit to reconsider a panel's explosive decision that Patent Trial and Appeal Board judges aren't constitutionally appointed and made it easier for them to be removed, although each offered different takes.

Arthrex on Monday said it wants the full Federal Circuit to invalidate the statute governing inter partes reviews, while Smith & Nephew said in its own brief that PTAB judges had been rightfully appointed from the start. The U.S. Patent and Trademark Office on Monday said the Federal Circuit's analysis was misguided and that...

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