Decided

No. 19-1434

United States v. Arthrex, Inc., et al.

from the United States Court of Appeals for the Federal Circuit

See other cases from the Federal Circuit.

Docket Entries

JUDGMENT ISSUED.

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.

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.

Reply of respondent Arthrex, Inc. filed. VIDED. (Distributed)

The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.

Record requested from the U.S.C.A. for the Federal Circuit.

Consolidated response and reply of Smith & Nephew, Inc., et al. filed. VIDED. (Distributed)

Consolidated reply and response brief filed by the United States. VIDED. (Distributed)

CIRCULATED

Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.

SET FOR ARGUMENT on Monday, March 1, 2021. VIDED.

Brief amici curiae of Americans for Prosperity Foundation and TechFreedom filed. VIDED

Brief amici curiae of Cato Institute and Prof. Gregory Dolin filed. VIDED.

Brief amicus curiae of Jeremy C. Doerre filed. VIDED.

Brief amicus curiae of US Inventor, Inc. filed. VIDED.

Brief amicus curiae of U.S. Lumber Coalition filed. VIDED.

Brief amicus curiae of TiVo Corporation filed. VIDED.

Amicus brief of New Civil Liberties Alliance not accepted for filing. (Corrected version to be submitted).

Brief amicus curiae of New Civil Liberties Alliance filed (Jan. 5, 2021). VIDED.

Brief amicus curiae of Joshua J. Malone filed. VIDED.

Brief amicus curiae of Fair Inventing Fund filed. VIDED.

Brief amici curiae of 39 Aggrieved Inventors filed. VIDED.

Brief amicus curiae of B.E. Technology, LLC filed. VIDED.

Brief amicus curiae of Pacific Legal Foundation filed. VIDED.

Motion of the Acting Solicitor General for divided argument filed. VIDED.

Brief of respondent Arthrex, Inc. filed. VIDED.

Brief amicus curiae of Apple Inc. in support of neither party filed. VIDED.

Brief amicus curiae of Jason V. Morgan filed (in 19-1434).

Brief amicus curiae of American Intellectual Property Law Association filed. VIDED.

Brief amici curiae of Computer & Communications Industry Association, et al. filed. VIDED.

Brief amicus curiae of eComp Consultants filed. VIDED.

Brief amicus curiae of Niskanen Center filed. VIDED.

Brief amicus curiae of High Tech Inventors Alliance filed. VIDED.

Brief amicus curiae of The Intellectual Property Law Association of Chicago filed. VIDED.

Amicus brief of Administrative, Constitutional & Intellectual Property Law Professors not accepted for filing. (Dupilicate submission) (December 07, 2020)

Brief amici curiae of Administrative, Constitutional & Intellectual Property Law Professors filed. VIDED.

Brief amici curiae of Engine Advocacy and Electronic Frontier Foundation filed. VIDED.

Brief amicus curiae of Askeladden L.L.C. filed. VIDED

Brief amicus curiae of Intel Corp. filed. VIDED.

Brief amicus curiae of Unified Patents, LLC in support of neither party and of reversal filed. VIDED.

Brief amici curiae of Cross-Industry Groups filed. VIDED.

Brief amicus curiae of Association for Accessible Medicines filed. VIDED.

Brief amicus curiae of Professor Andrew Michaels in support of neither party filed. VIDED.

Brief amici curiae of Acushnet Company and Roger Cleveland Golf Inc. filed. VIDED.

Brief amicus curiae of Professor John Harrison in support of neither party filed. VIDED.

Brief amicus curiae of Coalition Against Patent Abuse in support of neither party filed. VIDED.

Opening brief of Smith & Nephew, Inc., et al. filed. VIDED.

Opening brief of United States filed. VIDED.

Motion to dispense with printing the joint appendix filed by the United States GRANTED. VIDED.

Blanket Consent filed by Petitioner, United States

Blanket Consent filed by Respondent, Arthrex, Inc.

Blanket Consent filed by Respondent, Smith & Nephew, Inc., et al.

Motion to dispense with printing the joint appendix filed by the United States. VIDED.

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.

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.”

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.

DISTRIBUTED for Conference of 10/9/2020.

DISTRIBUTED for Conference of 9/29/2020.

Brief amicus curiae of The New York Intellectual Property Law Association filed. VIDED.

Brief amicus curiae of Askeladden L.L.C. filed.

Response to petition from respondent Arthrex, Inc. filed. VIDED.

Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED

Blanket Consent filed by Respondent, Polaris Innovations Limited VIDED

Blanket Consent filed by Petitioner, United States VIDED

Blanket Consent filed by Respondent, Arthrex, Inc.VIDED

Blanket Consent filed by Respondents, Smith & Nephew, Inc., et al.VIDED

Petition for a writ of certiorari filed. (Response due July 29, 2020)

Parties

United States, Petitioner, represented by Elizabeth B. Prelogar

Arthrex, Inc., Respondent, represented by Jeffrey Alan Lamken

Polaris Innovations Limited, Respondent, represented by Matthew D. Powers

Smith & Nephew, Inc., et al., Respondent, represented by Mark Andrew Perry

Amici Curiae

39 AGGRIEVED INVENTORS, Amicus Curiae, represented by Kenneth James Weatherwax

Acushnet Company and Roger Cleveland Golf Company, Amicus Curiae, represented by Peter J. Brann

Acushnet Company and Roger Cleveland Golf Inc., Amicus Curiae, represented by Peter J. Brann

Administrative, Constitutional & Intellectual Property Law Professors, Amicus Curiae, represented by Alan B. Morrison

American Intellectual Property Law Association, Amicus Curiae, represented by Sophie Feifei Wang

Americans for Prosperity Foundation and TechFreedom, Amicus Curiae, represented by Michael David Pepson

Apple Inc., Amicus Curiae, represented by Mark Simon Davies

Askeladden L.L.C., Amicus Curiae, represented by Gregory Hayes Lantier

Association for Accessible Medicines, Amicus Curiae, represented by Matthew S. Hellman

B.E. Technology, LLC, Amicus Curiae, represented by James M. Hood III

Cato Institute and Prof. Gregory Dolin, Amicus Curiae, represented by Ilya Shapiro

Coalition Against Patent Abuse, Amicus Curiae, represented by Charles Duan

Computer & Communications Industry Association; U.S. Manufacturers Association for Development and Enterprise, Amicus Curiae, represented by Joshua Stephen Landau

Cross-Industry Groups, Amicus Curiae, represented by Stephen I. Vladeck

eComp Consultants, Amicus Curiae, represented by Charles Robert Macedo

Engine Advocacy and Electronic Frontier Foundation, Amicus Curiae, represented by Jeffrey Theodore Pearlman

Fair Inventing Fund, Amicus Curiae, represented by Mathew B. Tully

High Tech Inventors Alliance, Amicus Curiae, represented by Andrew John Pincus

Intel Corp., Amicus Curiae, represented by Donald B. Verrilli Jr.

Jason V. Morgan, Amicus Curiae, represented by Jason V. Morgan

Jeremy C. Doerre, Amicus Curiae, represented by Jeremy Cooper Doerre

Joshua J. Malone, Amicus Curiae, represented by Timothy J. Haller

New Civil Liberties Alliance, Amicus Curiae, represented by Richard A. Samp

Niskanen Center, Amicus Curiae, represented by David Gabriel Bookbinder

Pacific Legal Foundation, Amicus Curiae, represented by Oliver James Dunford

Professor Andrew Michaels, Amicus Curiae, represented by Andrew Charles Michaels

Professor John Harrison, Amicus Curiae, represented by John Harrison

The Intellectual Property Law Association of Chicago, Amicus Curiae, represented by John R Linzer

The New York Intellectual Property Law Association, Amicus Curiae, represented by Melvin C. Garner

TiVo Corporation, Amicus Curiae, represented by Michael E. Joffre

Unified Patents, LLC, Amicus Curiae, represented by William G. Jenks

US Inventor, Inc., Amicus Curiae, represented by Robert P. Greenspoon

U.S. Lumber Coalition, Amicus Curiae, represented by Kevin K. Russell

 
Last updated: July 27, 2021