Citing Companion Case, Patent Challenger Tells Panel To Vacate, Remand

Mealey's (April 17, 2020, 7:19 AM EDT) -- WASHINGTON, D.C. — In a March 20 reply brief, an appellee tells the Federal Circuit U.S. Court of Appeals that it should vacate and remand a determination of patentability by the Patent Trial and Appeal Board, in view of the Federal Circuit’s reliance on Arthrex, Inc. v. Smith & Nephew, Inc. in vacating and remanding a companion case that involved the same board panel (Moderna Therapeutics Inc. v. Protiva Biotherapeutics Inc., No. 20-1184, Fed. Cir.)....