Argument Recap / Featured / Supreme Court Activity

Argument Recap – United States v. Arthrex, Inc.

On Monday, March 1, 2021, the Supreme Court heard oral arguments in the closely-watched patent case, United States v. Arthrex. As we previewed a couple days prior to argument, two main issues were considered by the Court. First, for purposes of the Appointments Clause, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) are principal or inferior officers. And second, if APJs are indeed principal officers, whether the Federal Circuit properly cured any Appointments Clause defect through the remedy it provided. Here are the details.

Read More
Argument Preview

Argument Preview – United States v. Arthrex, Inc.

On Monday, the Supreme Court will hear oral arguments in a much-anticipated patent case, United States v. Arthrex, Inc. The first issue for consideration by the Court is whether, for purposes of the Appointments Clause, administrative patent judges of the Patent Trial and Appeal Board are principal or inferior officers. The second issue is, if administrative patent judges are indeed principal officers, whether the Federal Circuit properly cured any Appointments Clause defect through the remedy it provided. This is our argument preview.

Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
News

Recent News on the Federal Circuit

Here’s the latest.

Read More
Featured / News / Supreme Court Activity

Breaking News – Supreme Court Grants Cert. in United States v. Arthrex, Inc.

Yesterday the Supreme Court granted the petitions for certiorari in three related Arthrex cases: (1) United States v. Arthrex, Inc. (19-1434), (2) Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452), and (3) Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458). The Court decided to consolidate the cases for briefing and oral argument and announced that all future filings and activity will be reflected on docket of No. 19-1434. The Court’s widely anticipated review will determine the fate of Administrative Patent Judges (APJs) under the Appointments Clause. Here are the details.

Read More
News

Recent News on the Federal Circuit

Here’s the latest.

Read More
News

Recent News on the Federal Circuit

Here’s the latest.

Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
Supreme Court Activity

Recent Supreme Court Activity

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
Supreme Court Activity

Recent Supreme Court Activity

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More