The Current Roundup

CAFC: Petitioners waive Arthrex challenge by seeking IPR. Patent Owner moved to vacate and remand for a new hearing before a different panel in light of Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019). The Federal Circuit denied the motion, holding that Arthrex’s reach does not extend to petitioners because they, unlike patent owners, “affirmatively sought …

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