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.

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

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

CIRCULATED

SET FOR ARGUMENT on Monday, March 1, 2021. 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, 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. 19-1458 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.

DISTRIBUTED for Conference of 10/9/2020.

Reply of petitioners Smith & Nephew, Inc., et al. filed. (Distributed)

DISTRIBUTED for Conference of 9/29/2020.

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

Memorandum of respondent United States filed. VIDED.

Blanket Consent filed by Respondent, Arthrex, Inc. VIDED

Blanket Consent filed by Respondent, United States VIDED

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

Petition for a writ of certiorari filed. (Response due August 3, 2020)

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

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

United States, Respondent, represented by Elizabeth B. Prelogar

Comcast Cable Communications, LLC, Amicus Curiae, represented by Donald B. Verrilli Jr.