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SMITH & NEPHEW, INC. v. REA

No. 2012-1343.

721 F.3d 1371 (2013)

SMITH & NEPHEW, INC., Appellant, v. Teresa Stanek REA, Acting Director, United States Patent and Trademark Office, Appellee, and Synthes (U.S.A.), Appellee.

United States Court of Appeals, Federal Circuit.

July 9, 2013.

Attorney(s) appearing for the Case

Joseph R. Re , Knobbe, Martens, Olson, & Bear, LLP, of Irvine, California, argued for appellant. With him on the brief was Christy G. Lea. Of counsel on the brief were Robert A. King and David A. Kelly , Hunton & Williams, LLP, of Atlanta, Georgia; and Bradley T. Lennie , Rodger L. Tate , and Jeffrey B. Vockrodt , of Washington, DC.

Kristi L. R. Sawert , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee, United States Patent and Trademark Office. With her on the brief was Brian T. Racilla , Associate Solicitor. Of counsel was Nathan K. Kelley , Deputy Solicitor.

David R. Bailey , Woodcock Washburn LLP, of Philadelphia, Pennsylvania, argued for appellee, Synthes (U.S.A.). With him on the brief were William F. Smith and John F. Murphy .

Before DYK, BRYSON, and WALLACH, Circuit Judges.

BRYSON, Circuit Judge.

Appellant Smith & Nephew, Inc., seeks review of a decision of the Board of Patent Appeals and Interferences (now known as the Patent Trial and Appeal Board). Reversing the decision of a patent examiner, the Board held that certain claims of a patent owned by appellee Synthes (U.S.A.) would not have been obvious and therefore were not invalid. Both Synthes and the Acting Director of the Patent and Trademark Office have filed briefs supporting...

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