Arthrex, Inc. v. Smith & Nephew, Inc.
Case Number:
18-2140
Court:
Nature of Suit:
Companies
Sectors & Industries:
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August 11, 2022
Full Fed. Circ. Won't Mull USPTO Interim Director's Powers
The full Federal Circuit has shot down Arthrex's request to evaluate if former Patent Commissioner Drew Hirshfeld was allowed to conduct director reviews while he headed the U.S. Patent and Trademark Office between leaders.
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July 26, 2022
Full Fed. Circ. Urged To Reject Hirshfeld's Director Reviews
An engineer and longtime critic of the Patent Trial and Appeal Board has weighed in on a Federal Circuit ruling that allowed a former patent commissioner to conduct director reviews while he was at the helm of the U.S. Patent Trial and Appeal Board, claiming this would let federal agencies "cut corners" and render public accountability "superfluous."
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July 12, 2022
Arthrex Tells Full Fed. Circ. USPTO Can't Cherry-Pick Leader
Arthrex has asked the full Federal Circuit to evaluate whether former Patent Commissioner Drew Hirshfeld was allowed to conduct director reviews while he headed the U.S. Patent and Trademark Office between leaders, saying the agency undermined the law governing vacant leadership roles.
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July 06, 2022
The Biggest Patent Rulings Of 2022: A Midyear Report
In the first half of 2022, the Federal Circuit made key rulings tying induced infringement to willfulness and expanding the scope of estoppel in the America Invents Act, both while wiping a series of high-dollar verdicts. Here's a look back at the biggest patent decisions so far this year.
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May 27, 2022
Hirshfeld's Arthrex Clearance Empowers Interim Leaders
The Federal Circuit on Friday held that Patent Commissioner Drew Hirshfeld had the authority to conduct U.S. Patent and Trademark Office director reviews mandated by the U.S. Supreme Court in Arthrex, adding clarity to the powers of interim agency directors.
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May 17, 2022
USPTO Asks Fed. Circ. Not To Rule On Hirshfeld's Power
The U.S. Patent and Trademark Office on Tuesday urged the Federal Circuit not to rule on whether the former interim director was authorized to review Patent Trial and Appeal Board decisions under the U.S. Supreme Court's Arthrex ruling, marking the latest development in the ongoing Arthrex saga.
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March 30, 2022
Fed. Circ. Grills USPTO On Hirshfeld's Power In Arthrex Fight
A Federal Circuit panel weighed the latest installment in the ongoing Arthrex saga Wednesday, pressing the government on its argument that a longstanding U.S. Patent and Trademark Office directive authorizes Drew Hirshfeld, the interim leader of the agency, to implement the U.S. Supreme Court's Arthrex remedy.
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March 28, 2022
Fed. Circ. Floats Arthrex Review Questions Before Arguments
The Federal Circuit on Monday detailed several new questions it wants addressed at Wednesday's arguments in an appeal by Arthrex Inc. arguing that the interim leader of the U.S. Patent and Trademark Office cannot review Patent Trial and Appeal Board decisions.
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March 24, 2022
IP Forecast: Fed. Circ. To Mull Arthrex's Latest USPTO Fight
Arthrex will argue next week that the Federal Circuit must undo the Patent Trial and Appeal Board's invalidation of its suture patent because the patent office’s interim leader lacks the power to review that ruling under a U.S. Supreme Court decision involving the company. Here's a look at where that case stands — plus all the other major intellectual property matters on deck in the coming week.
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March 14, 2022
Arthrex Says Qualcomm Case Sinks Invalidity Ruling
Arthrex told the Federal Circuit on Friday that the Patent Trial and Appeal Board's invalidation of its suture patent cannot stand because it flouts a ruling from last month involving Qualcomm that restricted the prior art that can be used in inter partes reviews.