The Federal Circuit recently decided against reviewing a panel decision regarding the Patent Trial and Appeal Board's (PTAB) authority to institute America Invents Act reviews, rejecting an argument by Ethicon Endo-Surgery Inc., a unit of Johnson & Johnson, that having the board begin and end reviews violates due process. The court denied a petition for an en banc rehearing following an earlier ruling, affirming the PTAB's invalidity decision of Ethicon's surgical stapler at the request of Finnegan client Covidien LP.
Press Release
August 19, 2026
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August 18, 2026
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