2017-1239 01-24-2018 ARTHREX, INC., Appellant v. SMITH & NEPHEW, INC., ArthroCare Corp., Appellees Anthony P. Cho, Carlson, Gaskey & Olds, P.C., Birmingham, MI, argued for appellant. Also represented by David J. Gaskey, Birmingham, MI. Nathan R. Speed, Wolf, Greenfield & Sacks, PC, Boston, MA, argued for appellees. Also represented by Richard Giunta, Boston, MA, Michael N. Rader, New York, NY. Dyk, Circuit Judge. Anthony P. Cho, Carlson, Gaskey & Olds, P.C., Birmingham, MI, argued for appellant.
(a)Relief. Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion. (b)Prior authorization. A motion will not be entered without Board authorization. Authorization may be provided in an order of general applicability or during the proceeding. (c)Burden of proof. The moving party has the burden of proof to establish that it is entitled to the requested relief. (d)Briefing. The Board may order briefing on any issue involved in the trial. 37 C.F
The Board may terminate a trial without rendering a final written decision, where appropriate, including where the trial is consolidated with another proceeding or pursuant to a joint request under 35 U.S.C. 317(a) or 327(a) . 37 C.F.R. §42.72