This morning the Federal Circuit released a precedential opinion in Arthrex, Inc. v. Smith & Nephew, Inc., a patent case on remand from the Supreme Court. In its opinion, the Federal Circuit affirmed both a decision of the Patent Trial and Appeal Board finding claims unpatentable as anticipated and a denial of a request to review the Board’s decision, a denial decided by the Commissioner for Patents given vacancies in the positions of Director and Deputy Director of the U.S. Patent and Trademark Office. Here is the introduction to the opinion.
Arthrex, Inc. v. Smith & Nephew, Inc. (Precedential)
Arthrex, Inc. appeals a Patent Trial and Appeal Board final written decision finding claims 1, 4, 8, 10–12, 16, 18, and 25–28 of U.S. Patent No. 9,179,907 unpatentable as anticipated. It also challenges a decision by the Commissioner for Patents denying Arthrex’s request for the Director of the Patent and Trademark Office (PTO) to review the Board’s decision and grant rehearing. We affirm.