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

 
DOCKET NO.
19-1458
OP. BELOW
Fed. Cir.
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.”

Posts About this Case

Date
Proceedings and Orders
June 30, 2020
Petition for a writ of certiorari filed. (Response due August 5, 2020)
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.
July 22, 2020
Memorandum of respondent United States filed. VIDED.
July 23, 2020
Brief of Smith & Nephew, Inc., et al. submitted.
August 4, 2020
Amicus brief of US Inventor, Inc. submitted.
August 5, 2020
Amicus brief of TiVo Corporation submitted.
August 11, 2020
Reply of Arthrex, Inc. 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.”
October 23, 2020
Motion of United States to dispense with joint appendix submitted.
December 31, 2020
SET FOR ARGUMENT on Monday, March 1, 2021. VIDED.
January 14, 2021
CIRCULATED
March 1, 2021
Argued. For United States: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For Smith & Nephew, Inc., et al.: Mark A. Perry, Washington, D. C. For Arthrex, Inc.: Jeffrey A. Lamken, Washington, D. C. VIDED.
June 21, 2021
Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court with respect to Parts I and II, in which Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and an opinion with respect to Part III, in which Alito, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed an opinion concurring in part and dissenting in part. Breyer, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Sotomayor and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined as to Parts I and II. VIDED.
July 23, 2021
JUDGMENT ISSUED.