Arthrex Redux

Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., March 23, 2020).

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John P. Isacson

In a 62-page order and accompanying opinions, the Federal Circuit denied an en banc rehearing of the Arthrex decision from October 2019. The Arthrex decision concerned the constitutionality of the PTAB, and is discussed in detail in our November 1, 2019 post. Continue reading “Arthrex Redux”

A Bite in the Apple

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John P. Isacson

Apple Inc. v. California Institute of Technology, Appeal Nos. 2019-1580, -1581 (Fed. Cir., March 5, 2020).

In January of this year, a jury awarded the California Institute of Technology (Caltech) $837,801,178 for Apple’s infringement of three patents. One of those patents was U.S. Patent No. 7,116,710. The ‘710 patent claimed methods of encoding a signal by partitioning data blocks into sub-blocks, encoding, and interleaving.

The ‘710 patent was the subject of IPR2017-00210 and IPR2017-00219 filed by Caltech. In both IPRs, the ‘710 patent was not held to be unpatentable. Apple appealed. The case was argued on March 4, 2020, and the next day the Federal Circuit issued a summary affirmance pursuant to Rule 36. Accordingly, the IPRs will provide no reason to set aside the jury award.

U.S. Government in Search of Arthrex Reversal

Photo of John P. Isacson
John P. Isacson

Image Processing Technologies LLC v. Samsung Electronics Co., LTD. et al., Appeal Nos. 2018-2156, 2019-1408, 2019-1485 (Fed. Cir. March 2, 2020).

The Federal Circuit vacated and remanded the PTAB’s decisions against Image Processing’s U.S. Patent No. 8,983,134 in IPR2017-00353 and IPR2017-01218. The vacatur and remand was based upon the Federal Circuit’s earlier Arthrex decision, which held that the PTAB judges were improperly appointed under the Appointments Clause of the U.S. Constitution. The Arthrex decision from October 2019 is proving to be quite controversial, and the USPTO is seeking an opportunity to have the doctrine reversed by the U.S. Supreme Court. Continue reading “U.S. Government in Search of Arthrex Reversal”