Tough to Avoid an Adverse Judgment.
Dr. Richard Chinn reports:
In Arthrex, Inc. v. Smith & Nephew, Inc. the Fed. Cir. affirmed the Board's entrance of an adverse judgment against patentee in an IPR, based on the cancellation of claims prior to institution of the IPR. Patentee had three pending cases which would be affected by the adverse judgment. The adverse judgment under 42.73(b) was concluded to be ripe for appeal and consistent with the language of the rule, in spite of patentee's statement that they were not requesting an adverse judgement.