Federal Circuit: Arthrex Not Applicable To Cases Decided Post-Issuance

Mealey's (May 7, 2020, 1:38 PM EDT) -- WASHINGTON, D.C. — In an order issued May 6, the Federal Circuit U.S. Court of Appeals turned away an appeal by a patent owner of a Patent Trial and Appeal Board final written decision on the basis of Arthrex, Inc. v. Smith & Nephew, Inc. because Arthrex was decided before the final written decision was issued (Caterpillar Paving Products Inc. v. Wirtgen America Inc., No. 20-1261, Fed. Cir., 2020 U.S. App. LEXIS 14454)....