Polaris Innovations Ltd. v. Kingston Technology Co.

Pending petition

Linked with:

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-1459	Fed. Cir.	TBD	TBD	TBD	TBD	TBD

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 (key to color coding)
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.