`
`BEFORE THE PA TENT TRIAL AND APPEAL BOARD
`
`GENERAL ORDER LIFTING
`GENERAL ORDER IN CASES INVOLVING
`REQUESTS FOR REHEARING UNDER
`ARTHREX, INC V SMITH & NEPHEW, INC,
`941 F.3D 1320 (FED. CIR. 2019)
`
`GENERAL ORDER
`
`Before SCOTT R. BOALICK, Chief Administrative Patent Judge.
`
`BOALICK, Chief Administrative Patent Judge.
`
`As explained in the General Order in Cases Involving Requests for
`
`Rehearing Under Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed.
`
`Cir. 2019) ("General Order in Rehearing Cases"), the United States Court of
`
`Appeals for the Federal Circuit ("Federal Circuit") issued numerous Orders
`
`instructing the Patent Trial and Appeal Board ("Board") to conduct
`
`proceedings on remand consistent with the Federal Circuit's Arthrex
`
`decision. As also explained in the General Order in Rehearing Cases, the
`
`Board received several timely requests for rehearing of Board decisions
`
`citing the Federal Circuit's Arthrex decision. To avoid burdening the Office
`
`and the parties until all appellate rights had been exhausted, the General
`
`Order in Rehearing Cases was issued, holding all cases involving such
`
`requests for rehearing in administrative abeyance until the Supreme Court of
`
`
`
`General Order Regarding Arthrex-Related Requests for Rehearing
`
`the United States ("Supreme Court") acted on a petition for certiorari or the
`
`time for filing such petitions expired.
`
`On June 21, 2021, the Supreme Court vacated the Federal Circuit's
`
`judgment in Arthrex, Inc. v. Smith & Nephew, Inc. and remanded to the
`
`Acting Director for him to decide whether to rehear the Board's final written
`
`decision. United States v. Arthrex, Inc., 141 S. Ct. 1970, 1987-88 (2021).
`
`The Supreme Court subsequently granted petitions for certiorari in other
`
`cases in which the Federal Circuit remanded to the Board for proceedings
`
`consistent with the Federal Circuit's Arthrex decision, vacated the Federal
`
`Circuit's judgment in those cases, and remanded them for further
`
`consideration in light of United States v. Arthrex, Inc. See lancu v. Luoma,
`
`No. 20-74 (June 28, 2021); lancu v. Fall Line Patents, LLC, No. 20-853
`
`(June 28, 2021); Hirshfeldv. Implicit, LLC, No. 20-1631 (Oct. 18, 2021).
`
`Now that the Supreme Court has acted on petitions for certiorari in
`
`cases that were previously remanded to the Board under the Federal
`
`Circuit's Arthrex decision, the General Order in Rehearing Cases is lifted.
`
`Those cases are no longer in administrative abeyance.
`
`ORDER
`
`It is therefore ORDERED that the General Order in Rehearing Cases
`
`has been lifted and the subject cases are no longer in administrative
`
`abeyance.
`
`AL q(jl,____
`
`Scott R. Boalick
`Chief Administrative Patent Judge
`
`2
`
`
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