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ARTICLE · 04 MARCH 2020

FULL COURT PRESS: Arthrex Reconsideration Efforts Continue

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The Federal Circuit continues to be flooded with petitions to revisit its panel decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320, No. 2018-2140 (Fed. Cir. 2019).

United StatesIntellectual Property
Emily J. Tait
Emily J. Tait
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The Federal Circuit continues to be flooded with petitions to revisit its panel decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320, No. 2018-2140 (Fed. Cir. 2019). As previously discussed, all three parties in Arthrex filed petitions for en banc rehearing—and those petitions remain pending. Parties in other cases also have asked the full Court to address issues related to Arthrex. See e.g., Bedgear, LLC v. Fredman Bros. Furniture Company, Inc., No. 2018-2082 (petition filed Jan. 8); Customedia Technologies, LLC v. Dish Network Corp., No. 2019-1001 (petition filed Jan. 7); Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals Inc., No. 2019-1368 (petitions filed Dec. 19 & 20); Duke University v. BioMarin Pharmaceutical Inc., No. 2018-1696 (petition filed Dec. 11).

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