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United States v. Arthrex, Inc.

 
DOCKET NO.
19-1434
OP. BELOW
Fed. Cir.
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.”

Posts About this Case

Date
Proceedings and Orders
June 25, 2020
Petition for a writ of certiorari filed. (Response due July 29, 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
Consent to the filing of amicus briefs received from counsel for Polaris Innovations Limited submitted.
July 23, 2020
Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED
July 24, 2020
Memorandum in Response of Arthrex, Inc. submitted.
July 29, 2020
Brief amicus curiae of Askeladden L.L.C. filed.
July 29, 2020
Brief amicus curiae of The New York Intellectual Property Law Association filed. VIDED.
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.”
October 21, 2020
Petitioners in Nos. 19-1434 and 19-1452 shall each file an opening brief, limited to 13,000 words, on or before Wednesday, November 25, 2020. Amicus curiae briefs in support of petitioners in Nos. 19-1434 or 19-1452, or in support of no party, shall be filed on or before Wednesday, December 2, 2020, and the briefs shall bear a light green cover. Petitioner in No. 19-1458 shall file a consolidated opening and response brief, limited to 17,000 words, on or before Wednesday, December 23, 2020. Amicus curiae briefs in support of petitioner in No. 19-1458 shall be filed on or before Wednesday, December 30, 2020, and the briefs shall bear a dark green cover. Petitioners in Nos. 19-1434 and 19-1452 shall each file a consolidated response and reply brief, limited to 14,500 words, on or before Friday, January 22, 2021. Petitioner in No. 19-1458 shall file a reply brief, limited to 6,000 words, pursuant to Rule 25.3 of the Rules of this Court. VIDED.
October 23, 2020
Motion of United States to dispense with joint appendix submitted.
October 28, 2020
Consent to the filing of amicus briefs received from counsel for Smith & Nephew, Inc., et al. submitted.
October 29, 2020
Consent to the filing of amicus briefs received from counsel for Arthrex, Inc. submitted.
November 3, 2020
Consent to the filing of amicus briefs received from counsel for United States submitted.
November 9, 2020
Motion to dispense with printing the joint appendix filed by the United States GRANTED. VIDED.
November 25, 2020
Brief of petitioner United States filed. VIDED.
November 25, 2020
Brief of Smith & Nephew, Inc., et al. submitted.
December 1, 2020
Amicus brief of Professor John Harrison submitted.
December 1, 2020
Amicus brief of Acushnet Company and Roger Cleveland Golf Company submitted.
December 1, 2020
Amicus brief of Professor Andrew Michaels submitted.
December 1, 2020
Amicus brief of Coalition Against Patent Abuse submitted.
December 2, 2020
Amicus brief of Cross-Industry Parties submitted.
December 2, 2020
Amicus brief of Jason V. Morgan submitted.
December 2, 2020
Amicus brief of Unified Patents, LLC submitted.
December 2, 2020
Amicus brief of eComp Consultants submitted.
December 2, 2020
Amicus brief of Intel Corp. submitted.
December 2, 2020
Amicus brief of Administrative, Constitutional & Intellectual Property Law Professors submitted.
December 2, 2020
Amicus brief of Administrative, Constitutional & Intellectual Property Law Professors submitted.
December 2, 2020
Amicus brief of Apple Inc. submitted.
December 2, 2020
Amicus brief of Niskanen Center submitted.
December 2, 2020
Amicus brief of Computer & Communications Industry Association; U.S. Manufacturers Association for Development and Enterprise submitted.
December 2, 2020
Amicus brief of American Intellectual Property Law Association submitted.
December 2, 2020
Amicus brief of Association for Accessible Medicines submitted.
December 2, 2020
Amicus brief of High Tech Inventors Alliance submitted.
December 2, 2020
Amicus brief of Askeladden L.L.C. submitted.
December 2, 2020
Amicus brief of The Intellectual Property Law Association of Chicago submitted.
December 2, 2020
Amicus brief of Engine Advocacy and Electronic Frontier Foundation submitted.
December 23, 2020
Motion of United States for divided argument submitted.
December 23, 2020
Brief of Arthrex, Inc. submitted.
December 29, 2020
Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
December 29, 2020
Amicus brief of 39 AGGRIEVED INVENTORS submitted.
December 29, 2020
Amicus brief of B.E. Technology, LLC submitted.
December 30, 2020
Brief amicus curiae of TiVo Corporation filed. VIDED.
December 30, 2020
Brief amicus curiae of U.S. Lumber Coalition filed. VIDED.
December 30, 2020
Brief amici curiae of Americans for Prosperity Foundation and TechFreedom ifiled. VIDED
December 30, 2020
Amicus brief of New Civil Liberties Alliance not accepted for filing. (January 04, 2021)
December 30, 2020
Amicus brief of Joshua J. Malone submitted.
December 30, 2020
Amicus brief of US Inventor, Inc. submitted.
December 30, 2020
Amicus brief of Jeremy C. Doerre submitted.
December 30, 2020
Amicus brief of Cato Institute submitted.
December 30, 2020
Amicus brief of Fair Inventing Fund submitted.
December 31, 2020
SET FOR ARGUMENT on Monday, March 1, 2021. VIDED.
January 5, 2021
Amicus brief of New Civil Liberties Alliance submitted.
January 11, 2021
Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.
January 14, 2021
CIRCULATED
January 22, 2021
Consolidated reply and response brief filed by the United States. VIDED. (Distributed)
January 22, 2021
Reply of Smith & Nephew, Inc., et al. submitted.
January 25, 2021
Record requested from the U.S.C.A.Federal Circuit.
February 9, 2021
The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
February 19, 2021
Reply of Arthrex, Inc. submitted.
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.