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

Petition for certiorari denied on May 22, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-639 Fed. Cir. N/A N/A N/A N/A OT 2022

Issue: Whether the Commissioner for Patents’ exercise of the Patent and Trademark Office Director’s authority pursuant to an internal agency delegation violated the Federal Vacancies Reform Act.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 26 2022Application (22A359) to extend the time to file a petition for a writ of certiorari from November 9, 2022 to January 8, 2023, submitted to The Chief Justice.
Oct 28 2022Application (22A359) granted by The Chief Justice extending the time to file until January 8, 2023.
Jan 06 2023Petition for a writ of certiorari filed. (Response due February 9, 2023)
Jan 27 2023Motion to extend the time to file a response from February 9, 2023 to March 13, 2023, submitted to The Clerk.
Jan 30 2023Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2023, for all respondents.
Feb 09 2023Brief amicus curiae of Dr. Ron D. Katznelson filed.
Feb 09 2023Brief amicus curiae of Fair Inventing Fund filed.
Feb 09 2023Brief amicus curiae of Cato Institute filed.
Feb 27 2023Motion to extend the time to file a response from March 13, 2023 to April 12, 2023, submitted to The Clerk.
Feb 28 2023Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2023, for all respondents.
Apr 12 2023Brief of Federal Respondent in opposition filed. VIDED.
Apr 12 2023Brief of respondents Smith & Nephew, Inc. and ArthroCare Corp. in opposition filed.
Apr 28 2023Reply of petitioner Arthrex, Inc. filed. (Distributed)
May 02 2023DISTRIBUTED for Conference of 5/18/2023.
May 22 2023Petition DENIED.