Arthrex Asks High Court to Review Acting Patent Director’s Power

Arthrex Inc. is vying for a second trip to the US Supreme Court, asking the justices to reverse a ruling that confirmed the authority of US Patent and Trademark Office’s former acting director.

Arthrex seeks to revive parts of a surgical-device patent that the Patent Trial and Appeal Board found invalid in response to a challenge from Smith & Nephew Inc. Arthrex had previously sued Smith & Nephew in the Eastern District of Texas in 2015 claiming infringement of the patent.

The parallel administrative dispute wound its way to the high court in 2021. The justices held that PTAB decisions ...