Now Precedential: IPR Petitioner who Waived Arthrex issue cannot Raise it on Appeal after Losing the IPR

Cienna Corp. v. Oyster Optics, LLC and Andrei Iancu (Fed. Cir. 2020) In this case, the Federal Circuit held that an IPR petitioner did not have a right to raise the Arthrex appointments issue on appeal unless the issue was first raised before the PTAB.┬áThe court’s basic reasoning is actual and equitable waiver. The problem … Continue reading Now Precedential: IPR Petitioner who Waived Arthrex issue cannot Raise it on Appeal after Losing the IPR