Arthrex, Inc. v. Smith & Nephew, Inc.

 
APPEAL NO.
18-2140
OP. BELOW
SUBJECT
Patent
AUTHOR
Moore

Question(s) Presented

  1. “Whether the Patent and Trademark Office’s delegation of authority to Commissioner Hirshfeld to review final decisions of the Patent Trial and Appeal Board during a vacancy in the Director’s office violates the Federal Vacancies Reform Act.”
  2. “Whether 35 U.S.C. § 311(b)’s restriction ‘only on a ground that could be raised under section 102 or 103’ permits IPR challenges that depend solely on compliance with the written description requirement of section 112.”

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