Skip to main content

Arthrex Inc. v. Smith & Nephew Inc.

Consolidated with United States v. Arthrex Inc. (19-1434), Smith & Nephew Inc. v. Arthrex Inc. (19-1452)
Docket No.19-1458
Op. BelowFed. Cir.
ArgumentMar 1, 2021
Vote5-4
AuthorJohn Roberts
OpinionJun 21, 2021
TermOctober Term 2020
SCOTUS PageOpinion

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 John Roberts on Jun 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.

Proceedings & orders timeline

Jun 30, 2020
Petition for a writ of certiorari filed. (Response due August 5, 2020)Jul 20, 2020
Blanket Consent filed by Respondents, Smith & Nephew, Inc., et al. VIDEDJul 20, 2020
Blanket Consent filed by Petitioner, Arthrex, Inc. VIDEDJul 20, 2020
Blanket Consent filed by Respondent, United States VIDEDJul 22, 2020
Memorandum of respondent United States filed. VIDED.Jul 23, 2020
Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED.Aug 4, 2020
Brief amicus curiae of US Inventor, Inc. filed.Aug 5, 2020
Brief amicus curiae of TiVo Corporation filed.Aug 11, 2020
Reply of petitioner Arthrex, Inc. filed. (Distributed)
Aug 12, 2020
DISTRIBUTED for Conference of 9/29/2020.
Oct 5, 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. 19-1452 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. for the Federal Circuit.
Mar 1, 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.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.