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Short Take: Latest Arthrex Update

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Sterne, Kessler, Goldstein & Fox

On Friday May 27, 2022, the Federal Circuit added another opinion to the Arthrex line of cases. As a short refresher, Arthrex was back at the Federal Circuit after being remanded to the Board for Director Review after Patent Owner’s Supreme Court win. The latest decision, in short summary, held “Arthrex does not persuade us that the Commissioner violated the Appointments Clause, the FVRA, or the Constitution’s separation of powers in denying Arthrex’s rehearing request. Nor does it identify reversible error in the Board’s decision that ElAttrache anticipated the challenged claims of the ’907 patent. Accordingly, we affirm."


This article appeared in the May 2022 issue of PTAB Strategies and Insights. To view our past issues, as well as other firm newsletters, please click here.