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United States v. Arthrex Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
19-1434 Fed. Cir. TBD TBD TBD TBD TBD

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 the U.S. Court of Appeals for the Federal Circuit erred by adjudicating an appointments clause challenge brought by a litigant that had not presented the challenge to the agency.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 25 2020Petition for a writ of certiorari filed. (Response due July 29, 2020)
Jul 20 2020Blanket Consent filed by Respondents, Smith & Nephew, Inc., et al.VIDED
Jul 20 2020Blanket Consent filed by Respondent, Arthrex, Inc.VIDED
Jul 20 2020Blanket Consent filed by Petitioner, United States VIDED
Jul 22 2020Blanket Consent filed by Respondent, Polaris Innovations Limited VIDED
Jul 23 2020Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED
Jul 24 2020Response to petition from respondent Arthrex, Inc. filed. VIDED.
Jul 29 2020Brief amicus curiae of Askeladden L.L.C. filed.
Jul 29 2020Brief amicus curiae of The New York Intellectual Property Law Association filed. VIDED.
Aug 12 2020DISTRIBUTED for Conference of 9/29/2020.
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