Polaris Innovations Ltd. v. Kingston Technology Co.
Pending petition
Linked with:
Issue: (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.
SCOTUSblog Coverage
- Relist Watch: Worst Monday in October (John Elwood, October 7, 2020)
| Date | Proceedings and Orders |
|---|---|
| 06/30/2020 | Petition for a writ of certiorari filed. (Response due August 5, 2020) |
| 07/20/2020 | Blanket Consent filed by Respondent, United States VIDED |
| 07/21/2020 | Blanket Consent filed by Petitioner, Polaris Innovations Limited VIDED |
| 07/22/2020 | Memorandum of respondent United States filed. VIDED. |
| 07/29/2020 | Brief amicus curiae of The New York Intellectual Property Law Association filed. |
| 08/05/2020 | Brief amicus curiae of TiVo Corporation filed. |
| 08/12/2020 | DISTRIBUTED for Conference of 9/29/2020. |
| 10/05/2020 | DISTRIBUTED for Conference of 10/9/2020. |
| 06/21/2021 | DISTRIBUTED for Conference of 6/24/2021. |
| 06/28/2021 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Arthrex, Inc., 594 U. S. ___ (2021). |
| 07/30/2021 | JUDGMENT ISSUED. |