Arthrex, Inc. v. Smith & Nephew, Inc.

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent

Question(s) Presented

1. “Whether the court of appeals’ severance remedy is consistent with congressional intent, where Congress has long considered tenure protections essential to secure the independence and impartiality of administrative judges.” 2. “Whether the court of appeals correctly held that the elimination of APJ tenure protections was sufficient to render APJs inferior officers, even though their decisions still are not reviewable by any principal executive officer.”

Date
Proceedings and Orders
July 20, 2020
Consent to the filing of amicus briefs received from counsel for Arthrex, Inc. submitted.
July 20, 2020
Consent to the filing of amicus briefs received from counsel for Smith & Nephew, Inc., et al. submitted.
July 20, 2020
Consent to the filing of amicus briefs received from counsel for United States submitted.
August 12, 2020
DISTRIBUTED for Conference of 9/29/2020.
October 5, 2020
DISTRIBUTED for Conference of 10/9/2020.
October 13, 2020
Petition GRANTED, the petition for a writ of certiorari in No. 19-1434 is granted as to Federal Circuit case No. 2018-2140, and the petition for a writ of certiorari in No. 19-1452 is granted, all limited to Questions 1 and 2 as set forth in the July 22, 2020 Memorandum for the United States. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
October 13, 2020
Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1434. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1434. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”