Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-1459 | Fed. Cir. | TBD | TBD | TBD | TBD | TBD |
Issues: (1) Whether severance of the tenure protections for administrative patent judges was unavailable to the U.S. Court of Appeals for the Federal Circuit in Arthrex Inc. v. Smith & Nephew Inc. to remedy the violation of the Constitution's appointments clause by the inter partes review statute because Congress would have maintained such protection for APJs; and (2) whether the Arthrex decision’s removal of APJ tenure protections is insufficient to cure the violation of the appointments clause by the IPR statute.
| 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 Respondent, United States VIDED |
| Jul 21 2020 | Blanket Consent filed by Petitioner, Polaris Innovations Limited VIDED |
| Jul 22 2020 | Memorandum of respondent United States filed. VIDED. |
| Jul 29 2020 | Brief amicus curiae of The New York Intellectual Property Law Association filed. |
| Aug 05 2020 | Brief amicus curiae of TiVo Corporation filed. |
| Aug 12 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Oct 05 2020 | DISTRIBUTED for Conference of 10/9/2020. |
| Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jun 28 2021 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Arthrex, Inc., 594 U. S. ___ (2021). |
| Jul 30 2021 | JUDGMENT ISSUED. |
