Analysis

Everything You Need To Know About Arthrex

By Dani Kass (January 9, 2020, 6:28 PM EST) -- At the end of October, a Federal Circuit panel said the way Patent Trial and Appeal Board judges are appointed is unconstitutional, and solved the problem by removing tenure protections. Since then, each aspect of the ruling from Arthrex v. Smith & Nephew has been under scrutiny. 

Here, Law360 breaks down what you need to know about the case and its aftermath. 

Remind me, what happened in Arthrex?

The explosive decision stemmed from a standard inter partes review. In November 2016, Smith & Nephew Inc. asked the PTAB to review an Arthrex Inc. suture patent. The board agreed to do so, and...

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