Saturday, May 22, 2021

Appellant Corephotonics loses on Arthrex and on merits

The outcome

Corephotonics, Ltd. appeals a final written decision of the Patent Trial and Appeal Board in an inter partes review brought by Apple Inc. Corephotonics argues that the Board issued its decision in violation of the Appointments Clause because the Board’s decision came after this court’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320, 1335 (Fed. Cir. 2019) but before this court issued its mandate. On this basis, Corephotonics argues that the Board’s decision should be vacated and remanded. On the merits, Corephotonics argues that substantial evidence does not support the Board’s findings as to patentability. Because we determine that the Board issued its decision after this court’s decision in Arthrex we decline to vacate and remand the Board’s decision underlying this appeal. Moreover, because substantial evidence supports the Board’s patentability determination, we affirm.


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