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

2018-2140.

35 F.4th 1328 (2022)

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

United States Court of Appeals, Federal Circuit.

Decided: May 27, 2022.

Attorney(s) appearing for the Case

Anthony P. Cho , Carlson, Gaskey & Olds, PC, Birmingham, MI, argued for appellant. Also represented by David Louis Atallah , Jessica E. Fleetham , David J. Gaskey . Also argued by Robert Kry , MoloLamken LLP, Washington, DC. Also represented by Jeffrey A. Lamken ; Jordan Rice , Chicago, IL; Trevor Arnold , John W. Schmieding , Arthrex, Inc., Naples, FL.

Charles T. Steenburg , Wolf, Greenfield & Sacks, P.C., Boston, MA, argued for appellees. Also represented by Richard Giunta , Turhan Sarwar , Nathan R. Speed ; Michael N. Rader , New York, NY; Mark J. Gorman , Smith & Nephew, Inc., Cordova, TN.

Joshua Marc Salzman , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by Brian M. Boynton , Courtney Dixon , Scott R. McIntosh ; Sarah E. Craven , Daniel Kazhdan , Thomas W. Krause , Farheena Yasmeen Rasheed , Molly R. Silfen , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Moore, Chief Judge, Reyna and Chen, Circuit Judges.

Arthrex, Inc. appeals a Patent Trial and Appeal Board final written decision finding claims 1, 4, 8, 10-12, 16, 18, and 25-28 of U.S. Patent No. 9,179,907 unpatentable as anticipated. It also challenges a decision by the Commissioner for Patents denying Arthrex's request for the Director of the Patent and Trademark Office (PTO...

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