Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

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

Petition for certiorari denied on December 9, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
13-290 Fed. Cir. N/A N/A N/A N/A OT 2013

Issue: Whether a defendant may be held liable under the “willful blindness” standard where its actions were consistent with an understanding of relevant legal requirements that was not objectively unreasonable.

DateProceedings and Orders
Jun 19 2013Application (12A1230) to extend the time to file a petition for a writ of certiorari from July 3, 2013 to September 1, 2013, submitted to The Chief Justice.
Jun 20 2013Application (12A1230) granted by The Chief Justice extending the time to file until August 30, 2013.
Aug 30 2013Petition for a writ of certiorari filed. (Response due October 4, 2013)
Sep 20 2013Order extending time to file response to petition to and including November 4, 2013.
Nov 4 2013Brief of respondents Smith & Nephew, Inc., et al. in opposition filed.
Nov 19 2013Reply of petitioner Arthrex, Inc. filed.
Nov 20 2013DISTRIBUTED for Conference of December 6, 2013.
Dec 9 2013Petition DENIED.
Term Snapshot