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18 December 2019PatentsRory O'Neill

US government urges Fed Circuit to rethink landmark Arthrex ruling

All sides in the recent Arthrex v Smith & Nephew dispute, including the US government, have urged the US Court of Appeals for the Federal Circuit to review its decision to give the US Patent and Trademark Office (USPTO) director the power to fire patent judges.

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More on this story

Patents
USPTO wants SCOTUS to halt Arthrex appeals
29 July 2020   The USPTO wants the country’s Supreme Court to delay dealing with a combined petition challenging almost 40 court judgments until a constitutional snag has been resolved.
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Federal Circuit refuses Arthrex rerun, prerogative now with SCOTUS
24 March 2020   The US Court of Appeals for the Federal Circuit will leave it to the Supreme Court to review its controversial Arthrex decision that Patent Trial and Appeal Board judges were unconstitutionally appointed.
Patents
IPR prompts US govt to double down on Arthrex rerun
8 January 2020   The US government “strongly disagrees” with a recent US Court of Appeals for the Federal Circuit finding that the appointment of US Patent and Trademark Office patent review judges was unconstitutional.


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