`____________
`
`BEFORE THE
`PATENT TRIAL AND APPEAL BOARD
`____________
`
`GENERAL ORDER IN CASES INVOLVING
`REQUESTS FOR REHEARING UNDER
`ARTHREX, INC. V. SMITH & NEPHEW, INC.,
`941 F.3D 1320 (FED. CIR. 2019)
`
`
`GENERAL ORDER
`
`
`Before SCOTT R. BOALICK, Chief Administrative Patent Judge.
`
`BOALICK, Chief Administrative Patent Judge.
`
`The United States Patent and Trademark Office (“Office”) has
`
`received from the United States Court of Appeals for the Federal Circuit
`
`(“Federal Circuit”) numerous Orders that rely on the Federal Circuit’s
`
`decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir.
`
`2019). Those Orders instruct the Patent Trial and Appeal Board (“Board”)
`
`to conduct further proceedings on remand before newly-designated Board
`
`panels. The Office also has received several timely requests for rehearing of
`
`Board decisions citing Arthrex and seeking a decision by a newly-designated
`
`Board panel.
`
`Several parties in Board matters that have been subject to such
`
`Federal Circuit Orders have informed the Office that they intend to seek
`
`review of the pertinent Order by the Supreme Court of the United States
`
`(“Supreme Court”). To avoid burdening the Office and the parties until all
`
`
`
`General Order Regarding Arthrex-Related Requests for Rehearing
`
`appellate rights of those challenging the Arthrex decision or related
`
`decisions have been exhausted, I exercise my discretion to hold all cases
`
`with timely-filed rehearing requests citing Arthrex and seeking a decision by
`
`a newly-designated Board panel in administrative abeyance until the
`
`Supreme Court acts on a petition for certiorari or the time for filing such
`
`petitions expires.
`
`ORDER
`
`It is therefore ORDERED that the following matters are held in
`
`abeyance:
`
`1. CBM2018-00020
`
`2. CBM2018-00021
`
`3. CBM2018-00029
`
`4. CBM2018-00030
`
`5. CBM2018-00031
`
`6. CBM2018-00032
`
`7. IPR2018-00577
`
`8. IPR2018-00653
`
`9. IPR2018-00655
`
`~ Scott R. Boalick
`
`Chief Administrative Patent Judge
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
