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ARTICLE · 20 NOVEMBER 2019

Government Indicates En Banc Petition Forthcoming For Arthrex

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Government Intervenes to Thwart Arthrex Remands

United StatesGovernment, Public Sector
Scott A. McKeown
Scott A. McKeown
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Government Intervenes to Thwart Arthrex Remands

As expected, the government has informed the Federal Circuit of its intention to seek en banc rehearing in Arthrex Inc. v. Smith & Nephew, Inc.  Having intervened in a number of cases seeking remand post-Arthrex the government has now moved to stay these proceedings pending its en banc petition.

In two filings this week ( here) and ( here), the government explains that:

The United States intends to seek rehearing en banc in Arthrex. The United States hereby requests that proceedings in this case relating to Arthrex be stayed pending the Court's disposition of the government's forthcoming rehearing petition in that case. The government's decision regarding intervention under 28 U.S.C. § 2403 in this case will be informed by any further review of this Court's constitutional holding in Arthrex. Similarly, the propriety and scope of remands in any other cases on the basis of Arthrex will be affected by whether the

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