by Matthew Johnson | Jan 28, 2020 | Federal Circuit Appeal, Real Party in Interest
By Robby Breetz and Matt Johnson Determining the Real Party-in-Interest (“RPI”) in an IPR can have critical implications for estoppel. A patent owner can prevent institution of an IPR by showing that an RPI has previously “filed a civil action challenging the...
by Matthew Johnson | Jan 20, 2020 | Federal Circuit Appeal, PTAB News
By Nate Andrews and Emily Tait – January 17 Update: On January 17, each of the parties filed responses to the rehearing petitions, linked here: Government Response, Appellant Arthrex’s Response, Appellee Smith & Nephew’s Response As we have...
by Emily Tait | Dec 20, 2019 | Federal Circuit Appeal, PTAB News
By Nate Andrews and Emily Tait – As we have previously discussed on this blog and elsewhere, the Federal Circuit’s decision in Arthrex v. Smith & Nephew has generated significant discussion and controversy in the patent world. On December 16, both parties...
by Matthew Johnson | Dec 16, 2019 | Federal Circuit Appeal, PTAB News
By Nate Andrews, Jasper Tran, and Matt Johnson – The Federal Circuit’s decision in Arthrex v. Smith & Nephew excited and disrupted the patent world. (See, Jones Day Podcast recapping Arthrex decision and fallout.) Inter partes review (IPR) reshaped patent...
by Matthew Johnson | Dec 5, 2019 | Federal Circuit Appeal
By Mike Lavine and Matt Johnson – Following on Judge Newman’s dissent in Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., parties are seeking to preserve their rights by challenging the Federal Circuit’s holding that a party’s failure to raise the...
by Tim Heverin | Nov 27, 2019 | Federal Circuit Appeal
By Emma Murray and Tim Heverin Last week, the Federal Circuit denied a motion to vacate and remand an IPR decision under Arthrex, Inc. v. Smith & Nephew, Inc. Issued on October 31, Arthrex held that the method for appointing PTAB Administrative Patent Judges...
