No. 19-1204
Arthrex, Inc. v. Smith & Nephew, Inc., et al.
Tags: administrative-law appointments-clause constitutional-challenge due-process fifth-amendment inter-partes-review patent-law patent-law-retroactivity patent-office retroactive-application retroactivity takings
Latest Conference:
2020-09-29
Question Presented (from Petition)
1. Whether the retroactive application of inter partes review to patents that were applied for before the America Invents Act violates the Fifth Amendment.
2. Whether a court of appeals can invoke forfeiture principles to refuse to address a constitutional claim in a pending appeal despite an intervening change in law.
Question Presented (AI Summary)
Whether the retroactive application of inter partes review to patents that were applied for before the America Invents Act violates the Fifth Amendment
Docket Entries
2020-10-05
Petition DENIED.
2020-06-19
Reply of petitioner Arthrex, Inc. filed. (Distributed)
2020-06-17
DISTRIBUTED for Conference of 9/29/2020.
2020-06-16
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
2020-06-09
Brief of respondents Smith & Nephew, Inc. and ArthroCare Corp. in opposition filed.
2020-06-08
Brief of respondent United States in opposition filed.
2020-05-04
Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2020, for all respondents.
2020-05-01
Motion to extend the time to file a response from May 11, 2020 to June 10, 2020, submitted to The Clerk.
2020-04-06
Petition for a writ of certiorari filed. (Response due May 11, 2020)
2020-01-24
Application (19A817) granted by The Chief Justice extending the time to file until April 6, 2020.
2020-01-22
Application (19A817) to extend the time to file a petition for a writ of certiorari from February 6, 2020 to April 6, 2020, submitted to The Chief Justice.
Attorneys
Arthrex, Inc.
Jeffrey Alan Lamken — MoloLamken LLP, Petitioner
Smith & Nephew, Inc. and ArthroCare Corp.
Mark Andrew Perry — Gibson Dunn & Crutcher, LLP, Respondent
United States
Jeffrey B. Wall — Acting Solicitor General, Respondent