Fitzpatrick Case Update
January 13, 2016
In Ethicon Endo-Surgery, Inc. v. Covidien LP, Slip Op. 2014-1771 (Fed. Cir., Jan. 13, 2016) the Federal Circuit majority held that 35 U.S.C. § 314(d) did not preclude the Federal Circuit from hearing Ethicon Endo-Surgery, Inc.’s (“Ethicon”) challenge to the authority of the Patent Trial and Appeals Board (“PTAB”) to render a final decision, and that neither statute nor the Constitution precludes the same panel of the PTAB that made the decision to institute inter partes review (“IPR”) from making the final determination.