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Arthrex Inc. v. Smith & Nephew Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
19-1458 Fed. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the Federal Circuit's severance remedy is consistent with congressional intent, when Congress has long considered tenure protections essential to secure the independence and impartiality of administrative judges; and (2) whether the Federal Circuit correctly held that the elimination of administrative-patent-judge tenure protections was sufficient to render APJs inferior officers, even though their decisions still are not reviewable by any principal executive officer.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 30 2020Petition for a writ of certiorari filed. (Response due August 5, 2020)
Jul 20 2020Blanket Consent filed by Respondents, Smith & Nephew, Inc., et al. VIDED
Jul 20 2020Blanket Consent filed by Petitioner, Arthrex, Inc. VIDED
Jul 20 2020Blanket Consent filed by Respondent, United States VIDED
Jul 22 2020Memorandum of respondent United States filed. VIDED.
Jul 23 2020Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED.
Aug 04 2020Amicus brief of US Inventor, Inc. submitted.
Aug 05 2020Amicus brief of TiVo Corporation submitted.
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