|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-1458||Fed. Cir.||Mar 1, 2021||TBD||TBD||TBD||OT 2020|
Issues: (1) Whether, for purposes of the Constitution’s appointments clause, 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; and (2) whether, if administrative patent judges are principal officers, the court of appeals 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.
|Date||Proceedings and Orders |
|Jun 30 2020||Petition for a writ of certiorari filed. (Response due August 5, 2020)|
|Jul 20 2020||Blanket Consent filed by Respondents, Smith & Nephew, Inc., et al. VIDED|
|Jul 20 2020||Blanket Consent filed by Petitioner, Arthrex, Inc. VIDED|
|Jul 20 2020||Blanket Consent filed by Respondent, United States VIDED|
|Jul 22 2020||Memorandum of respondent United States filed. VIDED.|
|Jul 23 2020||Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED.|
|Aug 04 2020||Brief amicus curiae of US Inventor, Inc. filed.|
|Aug 05 2020||Brief amicus curiae of TiVo Corporation filed.|
|Aug 11 2020||Reply of petitioner Arthrex, Inc. filed. (Distributed)|
|Aug 12 2020||DISTRIBUTED for Conference of 9/29/2020.|
|Oct 05 2020||DISTRIBUTED for Conference of 10/9/2020.|
|Oct 13 2020||Petition GRANTED, the petition for a writ of certiorari in No. 19-1434 is granted as to Federal Circuit case No. 2018-2140, and the petition for a writ of certiorari in No. 19-1452 is 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.|
|Oct 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.”|
|Dec 31 2020||SET FOR ARGUMENT on Monday, March 1, 2021. VIDED.|
|Jan 14 2021||CIRCULATED|
|Jan 25 2021||Record requested from the U.S.C.A. for the Federal Circuit.|
|Mar 01 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.|
Today at the court:
A nuts-and-bolts question of civil procedure. After an appeal is decided, do courts have discretion to limit the administrative “costs” that the prevailing party can recover from the losing party?
Argument begins at 10:00 a.m. EDT.
Justices to consider awards of costs of appellate litigation - SCOTUSblog
Wednesday’s argument in City of San Antonio v. Hotels.com brings the justices a basic nuts-and-bolts question of...
In 2019, the Supreme Court limited the scope of a federal law that bans people convicted of felonies from having a gun. Up this morning at the court: back-to-back cases that will decide how many felon-in-possession convictions will need new trials or pleas under that 2019 ruling.
NEW: SCOTUS adds one new case to its docket for next term: Hemphill v. New York, a criminal-procedure case about the interaction between hearsay rules and the right of defendants to confront witnesses against them. Still no action on major petitions involving guns and abortion.
The court will release orders at 9:30 a.m. EDT followed by oral argument in two cases.
First, whether Alaska Native regional and village corporations are “Indian Tribes” for purposes of CARES Act Covid-related relief.
By @StanfordLaw’s Gregory Ablavsky.
Are Alaska Native corporations Indian tribes? A multimillion-dollar question - SCOTUSblog
Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims ...
It's official: In the first-ever SCOTUS bracketology tournament, our readers have chosen CHIEF JUSTICE EARL WARREN as the greatest justice in history. The author of Brown v. Board, Loving v. Virginia, and Miranda v. Arizona defeated top-seeded John Marshall in the final round.
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
Cast your vote below!
NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. We’re still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
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