Federal Circuit Grants Arthrex Relief Despite Waiver Arguments, PTAB Litigation Blog
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On March 30, 2020, the Federal Circuit relied on Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) to vacate and remand several related PTAB decisions, including in proceedings where the patent owner did not previously request Arthrex relief from the PTAB.