Arthrex Points to Supreme Court Case in Bid to Shield Patent

Arthrex Inc. is asking the U.S. Patent and Trademark Office to delay issuing a formal cancellation of part of a surgical device patent until after the U.S. Supreme Court rules in a case on the constitutionality of agency judge appointments.

The patent office director should not issue a cancellation certificate for U.S. Patent No. 8,821,541, because the Supreme Court may find in Arthrex Inc. v. Smith & Nephew Inc. that the Patent Trial and Appeal Board judges who voided the patent were unconstitutionally appointed, Arthrex said in a Nov. 2 tribunal filing.

In the high court bid, “Arthrex ...