Federal Circuit extends Arthrex to ex parte appeals

Boloro Global, 2019-2349, -2351, -2353, July 7, 2020 Boloro Global (“Boloro”) appealed three decisions from the PTAB affirming the examiner’s rejection of Boloro’s three patent applications – 14/222613, 14/222615 and 14/222616 – under section 101 to the CAFC in August of 2019. The CAFC subsequently decided Arthrex, holding that APJ’s were not constitutionally appointed. In […]

Parties seek redress under Arthrex, despite “waiver”

In Sanofi-Aventis Deutschland GMBH, V. Mylan Pharmaceuticals Inc. Appeal Nos 2019-1368 and 2019-1369, decided November 19, 2019 Sanofi-Aventis v Mylan, a majority of the Federal Circuit rejected Sanofi’s request to vacate the Board’s decision and remand to a different Board panel under Arthrex, in a footnote.  Slip opinion, footnote 4.   Arthrex, Inc. v. Smith […]