Well, that Escalated Quickly…
On the heels of the supplemental briefing discussed yesterday, the Federal Circuit has already issued its decision in Arthrex Inc. v. Smith & Nephew, Inc. The Court has vacated and remanded the decision, ordering a new hearing before a panel of different APJs, prospectively remedying the issue by severing the problematic aspect of 35 U.S.C. § 3(c).
So, what does this mean for pending appeals?