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Smith & Nephew Inc. v. Arthrex Inc.
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-1452 | Fed. Cir. | TBD | 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.
SCOTUSblog Coverage
- Supreme Court will consider constitutional status of administrative patent judges (Amy Howe)
- Relist Watch: Worst Monday in October (John Elwood)
| 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.” |
| Oct 23 2020 | Motion of United States to dispense with joint appendix submitted. |
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