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

2018-2140.

941 F.3d 1320 (2019)

ARTHREX, INC., Appellant, v. SMITH & NEPHEW, INC., Arthrocare Corp., Appellees. United States, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: October 31, 2019.

Attorney(s) appearing for the Case

Anthony P. Cho , Carlson, Gaskey & Olds, PC, Birmingham, MI, argued for appellant. Also represented by David Louis Atallah , David J. Gaskey , Jessicae Zilberberg .

Charles T. Steenburg , Wolf, Greenfield & Sacks, PC, Boston, MA, argued for appellees. Also represented by Richard Giunta , Turhan Sarwar ; Michael N. Rader , New York, NY.

Melissa N. Patterson , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by Courtney Dixon , Scott R. McIntosh , Joseph H. Hunt ; Sarah E. Craven , Thomas W. Krause , Joseph Matal , Farheena Yasmeen Rasheed , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Moore, Reyna, and Chen, Circuit Judges.

Arthrex, Inc. appeals from the final written decision of the Patent Trial and Appeal Board holding claims 1, 4, 8, 10-12, 16, 18, and 25-28 of U.S. Patent No. 9,179, 907 unpatentable as anticipated. Arthrex appeals this decision and contends that the appointment of the Board's Administrative Patent Judges ("APJs") by the Secretary...

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