USPTO Slams Arthrex Call To Strike Down IPRs At Fed. Circ.

Law360 (January 17, 2020, 9:46 PM EST) -- The U.S. Patent and Trademark Office on Friday urged the full Federal Circuit to revisit a panel decision that Patent Trial and Appeal Board judges are unconstitutionally appointed, while slamming Arthrex’s bid to invalidate the statute governing inter partes reviews.

The USPTO doubled down on its petition for en banc review of a Federal Circuit panel’s October ruling that judges aren't constitutionally appointed, which made it easier for them to be removed. Arthrex and Smith & Nephew, who are opponents in the underlying case over an Arthrex patent, have also asked the full Federal Circuit to reconsider the decision, though each have offered...

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!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!