November 8, 2019 / 3:10 PM / 6 days ago

Arthrex remedy ‘wrongly decided,’ two Federal Circuit judges say in pillow patent case

Two judges of the U.S. Court of Appeals for the Federal Circuit on Thursday criticized three of their colleagues for requiring new hearings in “potentially hundreds” of patent challenges already decided by the U.S. Patent Trial Appeals Board.

Agreeing that they were bound by last week’s decision in Arthrex v. Smith & Nephew, Circuit Judges Timothy Dyk and Pauline Newman joined Circuit Judge Kara Farnandez Stoll in a one-paragraph, per curiam order that remanded a pillow-patenting dispute between Bedgear LLC and Fredman Bros Furniture to the PTAB for a new hearing.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/36JoepO

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