Lessons For 2021 From Fed. Circ. Post-Grant Review Cases

Law360 (January 3, 2021, 12:02 PM EST) -- With the ongoing pandemic, legal developments at the U.S. Court of Appeals for the Federal Circuit and elsewhere were slow last year. But post-grant appeals continue to drive much of the activity. These are the most notable developments of 2020, and what they might mean for 2021.

Arthrex: The Most Important Case of the Year

In Arthrex Inc. v. Smith & Nephew Inc.,[1] a Federal Circuit panel in 2019 held that Patent Trial and Appeal Board judges were "principal" officers who needed to be appointed by the president and confirmed by the U.S. Senate, but they had not been. To fix...

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