Clock Work

Timeline of Arthrex Developments, PTAB Litigation Blog

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The Federal Circuit’s decision in Arthrex v. Smith & Nephew excited and disrupted the patent world.  (SeeJones Day Podcast recapping Arthrex decision and fallout.)  Inter partes review (IPR) reshaped patent law and patent litigation this decade after the America Invents Act took effect.  Arthrex exposed a crack in the foundation of IPRs — by finding the appointment of administrative patent judges (APJs) unconstitutional — and the patent world watches closely.  Whether the crack is major or minor remains to be seen.  The US government’s petition for rehearing en banc in Arthrex is due December 16, 2019.  Below is a timeline of developments from Arthrex on October 31 to the Government’s petition on December 16.  The timeline is followed by a description of each development.

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