Insights

Gavel

FULL COURT PRESS: Arthrex Reconsideration Efforts Continue, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

The Federal Circuit continues to be flooded with petitions to revisit its panel decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320, No. 2018-2140 (Fed. Cir. 2019).  As previously discussed, all three parties in Arthrex filed petitions for en banc rehearing—and those petitions remain pending.  Parties in other cases also have asked the full Court to address issues related to Arthrex.  See e.g., Bedgear, LLC v. Fredman Bros. Furniture Company, Inc., No. 2018-2082 (petition filed Jan. 8); Customedia Technologies, LLC v. Dish Network Corp., No. 2019-1001 (petition filed Jan. 7); Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals Inc., No. 2019-1368 (petitions filed Dec. 19 & 20); Duke University v. BioMarin Pharmaceutical Inc., No. 2018-1696 (petition filed Dec. 11).

Read the full article at ptablitigationblog.com.

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.