Legal Opinion
Arthrex, Inc. v. Smith & Nephew, Inc.
Court of Appeals for the Federal Circuit
Decided January 24, 2018No. 2017-1239PublishedCited by 11 opinions
1Opinion of the Court
Concurring opinion filed by Circuit Judge O’Malley.
Dissenting opinion filed by Circuit Judge Newman.
Dyk, Circuit Judge.
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. § 42.73(b). Arthrex appeals. Because we conclude that the Board acted within the scope of the regulation, we affirm.
Background
On April 19, 2016, Smith &…
2Cases cited9 opinions
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- St. Jude Medical, Cardiology Division, Inc. v. Volcano Corp.Court of Appeals for the Federal Circuit · 2014
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