Arthrex Is Not for Everyone

Ciena Corp. v. Oyster Optics, LLC, Appeal No. 2019-2117 (Fed. Cir., May 5, 2020).

Photo of John P. Isacson
John P. Isacson

On January 28, 2020, the Federal Circuit issued a non-precedential order that denied IPR petitioner Ciena’s motion to have a judgment vacated and remanded under Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019). The order was made precedential on May 5, 2020. Continue reading “Arthrex Is Not for Everyone”

Vacatur and Remand Is Not for Everyone

Customedia Tech., LLC v. Dish Network Corp.., Appeal Nos. 2018-2239, -2240, -2310, 2019-1000, -1001, -1002, -1027 and -1029 (Fed. Cir., Nov. 1, 2019).

Photo of John P. Isacson
John P. Isacson

The day after the Federal Circuit issued its decision in Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019), the Federal Circuit issued a pair of precedential orders in appeals of inter partes reviews and covered business method reviews.  Appellant Customedia Tech sought to avail itself of the Arthrex decision to have adverse decisions vacated on the grounds that the Patent Trial and Appeals Board was constituted in a manner that violated the Appointments Clause of the U.S. Constitution.

Continue reading “Vacatur and Remand Is Not for Everyone”