`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GENERAL ORDERLIFTING
`GENERAL ORDER IN CASES REMANDED UNDER
`ARTHREX, INC. V. SMITH & NEPHEW, INC.,
`941 F.3D 1320 (FED. CIR. 2019)
`
`GENERAL ORDER
`
`Before SCOTT R. BOALICK, ChiefAdministrative Patent Judge.
`
`BOALICK, ChiefAdministrative Patent Judge.
`
`As explained in the General Order in Cases Remanded Under Arthrex,
`
`Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) (“General
`
`Order in Remanded Cases”), the United States Court of Appeals for the
`
`Federal Circuit (“Federal Circuit”) issued numerous Ordersinstructing the
`
`Patent Trial and Appeal Board (“Board”) to conduct proceedings on remand
`
`consistent with the Federal Circuit’s Arthrex decision. To avoid burdening
`
`the Office and the parties until all appellate rights had been exhausted, the
`
`General Order in Remanded Cases wasissued, suspending the requirements
`
`of the Board’s Standard Operating Procedure 9 in cases remandedby the
`
`Federal Circuit underits Arthrex decision, and holding all such cases in
`
`administrative abeyance until the Supreme Court of the United States
`
`(“Supreme Court”) acted on a petition for certiorari or the time forfiling
`
`such petitions expired.
`
`
`
`General Order Regarding Arthrex-Related Remands
`
`On June 21, 2021, the Supreme Court vacated the Federal Circuit’s
`
`judgmentin Arthrex, Inc. v. Smith & Nephew, Inc. and remandedto the
`
`Acting Director for him to decide whether to rehear the Board’s final written
`
`decision. United States v. Arthrex, Inc., 141 S. Ct. 1970, 1987-88 (2021).
`
`The Supreme Court subsequently granted petitions for certiorari in other
`
`cases in which the Federal Circuit remanded to the Board for proceedings
`
`consistent with the Federal Circuit’s Arthrex decision, vacated the Federal
`
`Circuit’s judgment in those cases, and remanded them for further
`
`consideration in light of United States v. Arthrex, Inc. See Iancu v. Luoma,
`
`No. 20-74 (June 28, 2021); Jancu v. Fall Line Patents, LLC, No. 20-853
`
`(June 28, 2021); Hirshfeld v. Implicit, LLC, No. 20-1631 (Oct. 18, 2021).
`
`Nowthat the Supreme Court has acted on petitions for certiorari in
`
`cases that were previously remandedto the Board under the Federal
`
`Circuit’s Arthrex decision, the General Order in Remanded Casesislifted.
`
`Those cases are no longer in administrative abeyance.
`
`ORDER
`
`It is therefore ORDEREDthat the General Order in Remanded Cases
`
`has been lifted and the subject cases are no longer in administrative
`
`abeyance.
`
`Scott R. Boalick~
`Chief Administrative Patent Judge
`
`
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