IP Forecast: Fed. Circ. To Mull Arthrex's Latest USPTO Fight

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By Andrew Karpan (March 24, 2022, 9:05 PM EDT) — Arthrex will argue next week that the Federal Circuit must undo the Patent Trial and Appeal Board’s invalidation of its suture patent because the patent office’s interim leader lacks the power to review that ruling under a U.S. Supreme Court decision involving the company. 

The Federal Circuit is holding a special session March 30 to hear the latest legal effort by Arthrex Inc. to breathe new life into the medical device maker’s patent. A panel of PTAB judges wiped the patent out in 2018 after the small Florida company landed a $17 million jury verdict against Smith & Nephew Inc. for…

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