|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-1452||Fed. Cir.||Mar 1, 2021||Jun 21, 2021||5-4||Roberts||OT 2020|
Holding: The unreviewable authority wielded by Administrative Patent Judges during inter partes review is incompatible with their appointment by the Secretary of Commerce to an inferior office.
Judgment: Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 21, 2021. Justices Alito, Gorsuch, Kavanaugh and Barrett joined Parts I and II of the opinion, and Justices Alito, Kavanaugh and Barrett joined Part III of the opinion. Justice Gorsuch filed an opinion concurring in part and dissenting in part. Justice Breyer filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Sotomayor and Kagan joined. Justice Thomas filed a dissenting opinion, in which Justices Breyer, Sotomayor and Kagan joined as to Parts I and II.
|Date||Proceedings and Orders |
|Jun 29 2020||Petition for a writ of certiorari filed. (Response due August 3, 2020)|
|Jul 20 2020||Blanket Consent filed by Petitioners, Smith & Nephew, Inc., et al. VIDED|
|Jul 20 2020||Blanket Consent filed by Respondent, 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 24 2020||Response to petition from respondent Arthrex, Inc. filed. VIDED.|
|Aug 03 2020||Brief amicus curiae of Comcast Cable Communications, LLC filed.|
|Aug 12 2020||DISTRIBUTED for Conference of 9/29/2020.|
|Aug 14 2020||Reply of petitioners Smith & Nephew, Inc., et al. filed. (Distributed)|
|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. 19-1458 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.Federal Circuit.|
|Feb 24 2021||The record from U.S.C.A. Federal Circuit is electronic and located on Pacer.|
|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.|
|Jun 21 2021||Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court with respect to Parts I and II, in which Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and an opinion with respect to Part III, in which Alito, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed an opinion concurring in part and dissenting in part. Breyer, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Sotomayor and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined as to Parts I and II. VIDED.|
|Jul 23 2021||JUDGMENT ISSUED.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."