By Kevin E. Noonan — Arthrex recently filed a certiorari petition with the Supreme Court in Arthrex v. Smith & Nephew Inc. (a case related to Arthrex, Inc. v. Smith & Nephew, Inc., which has also the subject of petitions from the U.S. government and Smith & Nephew). The Questions Presented are: 1. Whether the retroactive application of inter partes review to patents that were applied for before the America Invents Act violates the Fifth Amendment. 2. Whether a court of appeals can invoke forfeiture principles to refuse to address a constitutional claim in a pending appeal despite an intervening…
