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To embed, copy and paste the code into your website or blog: Smith & Nephew and the United States filed their reply briefs on January 22. Smith & Nephew’s reply brief, which we review here, critiques the arguments Arthrex made in its initial merits brief, addresses some issues raised in amicus briefs, and shores up its own positions. In the Arthrex cases (docketed as 19-1434), Arthrex has previously argued that the powers given to administrative patent judges (APJs) under the AIA were a serious departure from the traditional powers vested in these officers. 1 These increased powers, coupl...

Tuesday, February 2, 2021 Smith & Nephew and the United States filed their reply briefs on January 22. Smith & Nephew’s reply brief, which we review here, critiques the arguments Arthrex made in its initial merits brief, addresses some issues raised in amicus briefs, and shores up its own positions. In the  Arthrex cases (docketed as 19-1434), Arthrex has previously argued that the powers given to administrative patent judges (APJs) under the AIA were a serious departure from the traditional powers vested in these officers. 1 These increased powers, coupled with the lack of...