Arthrex Redux

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

Photo of John P. Isacson
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.

The order was per curium.  Judges Moore, O’Malley, Reyna, and Chen concurred in the denial. Judges Dyk, Newman, Wallach and Hughes dissented from the denial. A total of five opinions were filed; two in concurrence and three in dissent. The order and opinions can be obtained here: Arthrex en banc denial.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s