This alert discusses the recent Federal Circuit decision in Arthrex, Inc. v. Smith & Nephew, Inc.,and provides some basic commentary on the decision to help you better understand it. Nothing in this alert is intended to be legal advice, nor does it represent the view of any Fish & Richardson clients. The discussion of the decision is intended merely to summarize it, and not to opine on it. In addition, the observations made here are preliminary, and much will change as the bar absorbs the opinion and as the Federal Circuit, the PTO, and various parties react to it.
Fish & Richardson has secured three significant victories for its client Miami International Holdings (MIH) on its petitions for Covered Business Method (CBM) review at the Patent Trial and Appeal Board (PTAB). The petitions challenged the validity of patents asserted by MIH’s competitors concerning securities trading.
Fish Principals and Post-Grant Practice Group Co-Chairs Karl Renner and Dorothy Whelan recently published an article in Managing Intellectual Property in which they discuss the state of post-grant practice, the evolution of IPR, and upcoming developments in the practice.
On July 15, 2019, the USPTO published its second update to the AIA Trial Practice Guide. The Trial Guide Update addresses a wide variety of topics ranging from the filing of a petition to the re-opening of proceedings following remand from the Federal Circuit.
Fish Senior Principal John Dragseth was recently quoted in Law360‘s article “Fed. Circ.’s High Standing Bar May Deter Some PTAB Reviews” on July 12, 2019.