Blank Rome Wins Federal Circuit Appeal on Behalf of Arthrex, Inc.
A Blank Rome IP team successfully assisted on the appeal for Arthrex, Inc., in Arthrex v. Smith & Nephew (2018–2104) before the U.S. Court of Appeals for the Federal Circuit, on October 31, 2019.
In this matter, the court found that the way Patent Trial and Appeal Board (“PTAB”) judges were appointed was unconstitutional and remedied the constitutional infirmity by their opinion in Arthrex. The court further found that because the PTAB panel that issued an adverse final written decision to Arthrex was unconstitutionally appointed at the time they issued the decision, the case should be remanded to the PTAB for a new oral hearing with a new panel.
The Blank Rome IP team included Chuck Saber, Sal Tamburo, and Megan Wood.