Fed. Circ. Upholds PTAB Ruling In Suture Patent Case

By Matthew Bultman (January 24, 2018, 7:42 PM EST) -- The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board judgment against Arthrex Inc. in a case over a suture anchor patent, possibly impacting the company's ability to obtain future patents on the suture products.

The appeals court, in a 2-1 precedential opinion, 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 had argued on appeal that the PTAB's interpretation of a regulation dealing with a patent owner's ability to seek...

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