United States v. Arthrex, Inc.

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent

Question(s) Presented

1. “Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of 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 the court of appeals erred by adjudicating an Appointments Clause challenge brought by a litigant that had not presented the challenge to the agency.”

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.
July 22, 2020
Consent to the filing of amicus briefs received from counsel for Polaris Innovations Limited 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 as to Federal Circuit case No. 2018-2140, and the petitions for writs of certiorari in Nos. 19-1452 and 19-1458 are 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.”