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Federal Cir. Rejects Arthrex Redo As Patent Appeals Wait (1)

March 23, 2020, 3:08 PMUpdated: March 23, 2020, 6:29 PM

The full Federal Circuit won’t reconsider a panel ruling that Patent and Trademark Office administrative judges were unconstitutionally appointed, passing on one of its most controversial rulings in recent years.

The U.S. Court of Appeals for the Federal Circuit’s refusal of a full-court rehearing of its Arthrex Inc. v. Smith and Nephew, Inc. decision comes after the parties in the case and the Trump administration asked for an en banc review.

The en banc denial highlights divisions in the court about how the Arthrex case was decided. It also leaves any potential further changes up to Congress or the Supreme...

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