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”

U.S. Government in Search of Arthrex Reversal

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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”

A Rare Rehearing by the PTAB

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John P. Isacson

Samsung Electronics Co., Ltd. v. NuCurrent, Inc., IPR2019-00860 (February 7, 2020) (Paper No. 15).

Samsung filed two IPR petitions against NuCurrent’s U.S. Patent No. 8,680,960, which related to a multi-layer-multi-turn structure for high efficiency inductors. The first petition was IPR2019-00858 based upon the Lee reference, and the second petition was IPR2019-00860 based upon the Partovi reference. Both petitions challenged the same claims of the ‘960 patent. The ‘858 IPR was instituted, but the ‘860 IPR was not instituted due to redundancy. Continue reading “A Rare Rehearing by the PTAB”