Caterpillar Can’t Play Arthrex Card For Patent Tribunal Redo (1)

Caterpillar Paving Products Inc. failed to convince the Federal Circuit that its previous ruling that patent office judges were unconstitutionally appointed warrants a new tribunal trial on the validity of its patent claims.

The Patent Trial and Appeal Board’s final decision on the Caterpillar case came after the Federal Circuit’s Arthrex Inc. v. Smith & Nephew Inc. decision was issued. The landmark ruling only applies to certain cases whose final written decision came before it, the U.S. Court of Appeals for the Federal Circuit said in its Wednesday order.

The Caterpillar order is the latest Federal Circuit clarification on ...