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Arthrex Ruling Ripples With Two More Constitutional Challenges

Nov. 12, 2019, 8:52 PM

Two more companies have pointed to the Federal Circuit’s recent decision in Arthrex, Inc. v. Smith & Nephew, Inc. in challenging Patent Trial and Appeal Board decisions that invalidated their patents’ claims.

The U.S. Court of Appeals for the Federal Circuit Nov. 12 issued two notices of constitutional challenges by Vilox Technologies LLC and the Chamberlain Group Inc. The court ruled in Arthrex that the PTAB’s administrative patent judges, or APJs, were unconstitutionally appointed.

The Federal Circuit orders demonstrate the ongoing effect of Arthrex on other patent validity appeals.

The Trump administration has 10 days to request to intervene and...

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