January 25, 2018 – The Federal Circuit upheld the judgment of the Patent Trial and Appeal Board (“Board”) in IPR2016-00917, holding that 37 C.F.R. § 42.73(b) permits the Board to enter an adverse judgment when a Patent Owner cancels all claims-at-issue after an inter partes review petition has been filed, but before an institution decision. The Court also held that an adverse judgment is a “decision” from the Board and is thus appealable. The patent-at-issue is U.S. Patent No. 8,821,541 titled “Suture anchor with insert-molded rigid member,” owned by Arthrex, Inc. The Petitioner-Appellees are Smith & Nephew, Inc. and Arthrocare Corp.
By: Katherine E. Adams