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ARTHREX, INC. v. SMITH & NEPHEW, INC.

2017-1239.

880 F.3d 1345 (2018)

ARTHREX, INC., Appellant v. SMITH & NEPHEW, INC., ArthroCare Corp., Appellees.

United States Court of Appeals, Federal Circuit.

Decided: January 24, 2018.

Attorney(s) appearing for the Case

ANTHONY P. CHO , Carlson, Gaskey & Olds, P.C., Birmingham, MI, argued for appellant. Also represented by DAVID J. GASKEY , Birmingham, MI.

NATHAN R. SPEED , Wolf, Greenfield & Sacks, PC, Boston, MA, argued for appellees. Also represented by RICHARD GIUNTA , BOSTON, MA, MICHAEL N. RADER , New York, NY.

Dissenting opinion filed by Circuit Judge Newman.

In a pending inter partes review proceeding ("IPR") before the Patent Trial and Appeal Board ("the Board"), Arthrex, Inc. disclaimed all claims that were the subject of the petition. The disclaimer occurred before the Board issued an institution decision. The Board then entered an adverse judgment pursuant to 37 C.F.R. §...

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