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.

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