This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Civil Litigation,
Intellectual Property

Nov. 19, 2019

The fate of patent invalidity challenges post-Arthrex: much ado about nothing?

Following the Federal Circuit decision in Arthrex, Inc. v. Smith & Nephew, Inc., et al., significant attention has been paid to its potential impact on appeals of inter partes review decisions from the Patent Trial & Appeals Board.

Sasha Rao

Nixon Peabody

Email: srao@nixonpeabody.com

Erin Gaddes

Maynard Cooper & Gale, LLP

Erin is a patent agent in the Firm's Huntsville office and is a member of Maynard Cooper's Intellectual Property Practice Group. She assists attorneys in the IP Group to evaluate patentability, provide scientific guidance, and prepare and prosecute patent applications.

Following the U.S. Court of Appeals for the Federal Circuit's decision in Arthrex, Inc. v. Smith & Nephew, Inc., et al. on Oct. 31, significant attention has been paid to its potential impact on appeals of inter partes review decisions from the Patent Trial & Appeals Board. Arthrex, Inc. v. Smith & Nephew, Inc. et al., 18-2140 (Fed. Cir. Oct. 31, 2019) IPRs became a very popular means of challenging t...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up