Arthrex Appeals Obviousness Standard of Review to Supreme Court

September 22, 2015.  In a petition for certiorari filed September 4, 2015, Arthrex has asked the Supreme Court to determine whether the ‘reason to combine’ inquiry in the determination of obviousness is a question of law subject to de novo review.  The petition also presents the question of whether the legal issue of obviousness should be resolved by the court rather than submitted to the jury.  Plaintiff-Appellee KFx Medical Corp.’s response is due October 9th.  The appeal is captioned Arthrex Inc. v. KFx Medical Corp., docket number 15-291, in the U.S. Supreme Court.

By: Sean C. McDonagh