Legal Opinion
Arthrex, Inc. v. Smith & Nephew, Inc.
Court of Appeals for the Federal Circuit
Decided August 21, 2019No. 2018-1584PublishedCited by 7 opinions
1Opinion of the Court
Stoll, Circuit Judge.
*1322 In an inter partes review, the Patent Trial and Appeal Board ruled claims 10 and 11 of Arthrex, Inc.'s U.S. Patent No. 8,821,541 invalid. In doing so, the Board employed different language than Smith & Nephew, Inc.'s petition to explain why a person of ordinary skill in the art would have been motivated to combine the teachings of the prior art. Arthrex asserts that this warrants reversal, but the Board's minor variation in wording does not violate the safeguards of the Administrative Procedure Act (APA) and did not deprive Arthrex of an opportunity to be heard.…
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