Immunex Corp. v. Sanofi-Aventis U.S. LLC


Question(s) Presented

1. “Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges for the U.S. Patent and Trademark Office are principal officers who must be appointed by the President with the Senate’s advice and consent, or ‘inferior Officers’ whose appointment Congress has permissibly vested in a department head.”

2. “Whether, if administrative patent judges are principal officers, the Federal Circuit properly cured any Appointments Clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. § 7513(a) to those judges.”

3. “Whether this Court granting Arthrex the relief it seeks would vitiate the court of appeal’s prior forfeiture rule and deny the Patent Office Director the authority under 35 U.S.C. § 318(b) to issue a certificate cancelling Immunex’s patent claims.”

Posts About this Case

Proceedings and Orders
March 22, 2021
Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2021, for all respondents.
June 1, 2021
DISTRIBUTED for Conference of 6/17/2021.
June 21, 2021
Petition DENIED.