United States v. Arthrex Inc.
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-1434 | Fed. Cir. | Mar 1, 2021 | Jun 21, 2021 | 5-4 | Roberts | OT 2020 |
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 Chief Justice Roberts on June 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.
SCOTUSblog Coverage
- Justices craft their own remedy for violation of Constitutions appointments clause (George Quillin and Jeanne Gills, June 24, 2021)
- Justices scale back unreviewable authority of administrative patent judges (George Quillin and Jeanne Gills, June 21, 2021)
- Justices appear conflicted about status of administrative patent judges (George Quillin and Jeanne Gills, March 3, 2021)
- Justices to consider appointments clause challenge to administrative patent judges (George Quillin and Jeanne Gills, February 26, 2021)
- February argument calendar includes immigration, voting-rights cases (Amy Howe, December 31, 2020)
- Supreme Court will consider constitutional status of administrative patent judges (Amy Howe, October 14, 2020)
- Relist Watch: Worst Monday in October (John Elwood, October 7, 2020)
- Petitions of the week: Abortion, alcohol, appointments and more (Andrew Hamm, July 30, 2020)
| Date | Proceedings and Orders |
|---|---|
| 06/25/2020 | Petition for a writ of certiorari filed. (Response due July 29, 2020) |
| 07/20/2020 | Blanket Consent filed by Respondents, Smith & Nephew, Inc., et al.VIDED |
| 07/20/2020 | Blanket Consent filed by Respondent, Arthrex, Inc.VIDED |
| 07/20/2020 | Blanket Consent filed by Petitioner, United States VIDED |
| 07/22/2020 | Blanket Consent filed by Respondent, Polaris Innovations Limited VIDED |
| 07/23/2020 | Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED |
| 07/24/2020 | Response to petition from respondent Arthrex, Inc. filed. VIDED. |
| 07/29/2020 | Brief amicus curiae of Askeladden L.L.C. filed. |
| 07/29/2020 | Brief amicus curiae of The New York Intellectual Property Law Association filed. VIDED. |
| 08/12/2020 | DISTRIBUTED for Conference of 9/29/2020. |
| 10/05/2020 | DISTRIBUTED for Conference of 10/9/2020. |
| 10/13/2020 | Petition GRANTED as to Federal Circuit case No. 2018-2140, and the petitions for writs of certiorari in Nos. 19-1452 and 19-1458 are 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. |
| 10/13/2020 | 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." |
| 10/21/2020 | Petitioners in Nos. 19-1434 and 19-1452 shall each file an opening brief, limited to 13,000 words, on or before Wednesday, November 25, 2020. Amicus curiae briefs in support of petitioners in Nos. 19-1434 or 19-1452, or in support of no party, shall be filed on or before Wednesday, December 2, 2020, and the briefs shall bear a light green cover. Petitioner in No. 19-1458 shall file a consolidated opening and response brief, limited to 17,000 words, on or before Wednesday, December 23, 2020. Amicus curiae briefs in support of petitioner in No. 19-1458 shall be filed on or before Wednesday, December 30, 2020, and the briefs shall bear a dark green cover. Petitioners in Nos. 19-1434 and 19-1452 shall each file a consolidated response and reply brief, limited to 14,500 words, on or before Friday, January 22, 2021. Petitioner in No. 19-1458 shall file a reply brief, limited to 6,000 words, pursuant to Rule 25.3 of the Rules of this Court. VIDED. |
| 10/23/2020 | Motion to dispense with printing the joint appendix filed by the United States. VIDED. |
| 10/28/2020 | Blanket Consent filed by Respondent, Smith & Nephew, Inc., et al. |
| 10/29/2020 | Blanket Consent filed by Respondent, Arthrex, Inc. |
| 11/03/2020 | Blanket Consent filed by Petitioner, United States |
| 11/09/2020 | Motion to dispense with printing the joint appendix filed by the United States GRANTED. VIDED. |
| 11/25/2020 | Opening brief of United States filed. VIDED. |
| 11/25/2020 | Opening brief of Smith & Nephew, Inc., et al. filed. VIDED. |
| 12/01/2020 | Brief amicus curiae of Professor John Harrison in support of neither party filed. VIDED. |
| 12/01/2020 | Brief amici curiae of Acushnet Company and Roger Cleveland Golf Inc. filed. VIDED. |
| 12/01/2020 | Brief amicus curiae of Professor Andrew Michaels in support of neither party filed. VIDED. |
| 12/01/2020 | Brief amicus curiae of Coalition Against Patent Abuse in support of neither party filed. VIDED. |
| 12/02/2020 | Brief amicus curiae of Association for Accessible Medicines filed. VIDED. |
| 12/02/2020 | Brief amici curiae of Cross-Industry Groups filed. VIDED. |
| 12/02/2020 | Brief amicus curiae of Unified Patents, LLC in support of neither party and of reversal filed. VIDED. |
| 12/02/2020 | Brief amicus curiae of Intel Corp. filed. VIDED. |
| 12/02/2020 | Brief amicus curiae of Askeladden L.L.C. filed. VIDED |
| 12/02/2020 | Brief amici curiae of Engine Advocacy and Electronic Frontier Foundation filed. VIDED. |
| 12/02/2020 | Brief amici curiae of Administrative, Constitutional & Intellectual Property Law Professors filed. VIDED. |
| 12/02/2020 | Amicus brief of Administrative, Constitutional & Intellectual Property Law Professors not accepted for filing. (Dupilicate submission) (December 07, 2020) |
| 12/02/2020 | Brief amicus curiae of The Intellectual Property Law Association of Chicago filed. VIDED. |
| 12/02/2020 | Brief amicus curiae of Apple Inc. in support of neither party filed. VIDED. |
| 12/02/2020 | Brief amicus curiae of High Tech Inventors Alliance filed. VIDED. |
| 12/02/2020 | Brief amicus curiae of Niskanen Center filed. VIDED. |
| 12/02/2020 | Brief amicus curiae of eComp Consultants filed. VIDED. |
| 12/02/2020 | Brief amici curiae of Computer & Communications Industry Association, et al. filed. VIDED. |
| 12/02/2020 | Brief amicus curiae of Jason V. Morgan filed (in 19-1434). |
| 12/02/2020 | Brief amicus curiae of American Intellectual Property Law Association filed. VIDED. |
| 12/23/2020 | Motion of the Acting Solicitor General for divided argument filed. VIDED. |
| 12/23/2020 | Brief of respondent Arthrex, Inc. filed. VIDED. |
| 12/29/2020 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED. |
| 12/29/2020 | Brief amici curiae of 39 Aggrieved Inventors filed. VIDED. |
| 12/29/2020 | Brief amicus curiae of B.E. Technology, LLC filed. VIDED. |
| 12/30/2020 | Brief amicus curiae of TiVo Corporation filed. VIDED. |
| 12/30/2020 | Brief amicus curiae of U.S. Lumber Coalition filed. VIDED. |
| 12/30/2020 | Brief amici curiae of Americans for Prosperity Foundation and TechFreedom filed. VIDED |
| 12/30/2020 | Amicus brief of New Civil Liberties Alliance not accepted for filing. (Corrected version to be submitted). |
| 12/30/2020 | Brief amicus curiae of New Civil Liberties Alliance filed (Jan. 5, 2021). VIDED. |
| 12/30/2020 | Brief amicus curiae of US Inventor, Inc. filed. VIDED. |
| 12/30/2020 | Brief amicus curiae of Jeremy C. Doerre filed. VIDED. |
| 12/30/2020 | Brief amici curiae of Cato Institute and Prof. Gregory Dolin filed. VIDED. |
| 12/30/2020 | Brief amicus curiae of Fair Inventing Fund filed. VIDED. |
| 12/30/2020 | Brief amicus curiae of Joshua J. Malone filed. VIDED. |
| 12/31/2020 | SET FOR ARGUMENT on Monday, March 1, 2021. VIDED. |
| 01/11/2021 | Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED. |
| 01/14/2021 | CIRCULATED |
| 01/22/2021 | Consolidated reply and response brief filed by the United States. VIDED. (Distributed) |
| 01/22/2021 | Consolidated response and reply of Smith & Nephew, Inc., et al. filed. VIDED. (Distributed) |
| 01/25/2021 | Record requested from the U.S.C.A. for the Federal Circuit. |
| 02/09/2021 | The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer. |
| 02/19/2021 | Reply of respondent Arthrex, Inc. filed. VIDED. (Distributed) |
| 03/01/2021 | 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. |
| 06/21/2021 | Judgment VACATED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-1434_new_j4el.pdf'>opinion</a> 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. |
| 07/23/2021 | JUDGMENT ISSUED. |