No. 20-679

Micron Technology, Inc. v. North Star Innovations, Inc.

Lower Court: Federal Circuit
Docketed: 2020-11-17
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: appointments-clause inferior-officers inter-partes-review patent-and-trademark-office principal-officers standing
Key Terms:
Patent Trademark Privacy
Latest Conference: 2021-06-24 (distributed 2 times)
Related Cases: 20-271 (Vide) 20-273 (Vide) 20-414 (Vide) 20-74 (Vide) 20-92 (Vide)
Question Presented (from Petition)

1. Whether, for purposes of the Appointments
Clause, U.S. Const. art. II, § 2, cl. 2, administrative
patent judges of the U.S. Patent and Trademark Office are principal officers who must be appointed by
the President with the Senate's advice and consent, or
"inferior Officers" whose appointment Congress has
permissibly appointed in a department head.

2. Whether the court of appeals erred by allowing
a patent owner that did not present an Appointments
Clause challenge to the agency, and that acquiesced
in the appointment of the same administrative patent
judges in a related matter, to nonetheless present
such challenges on appeal.

Question Presented (AI Summary)

Whether administrative patent judges are principal or inferior officers under the Appointments Clause

Docket Entries

2021-06-28
Petition DENIED.
2021-06-21
DISTRIBUTED for Conference of 6/24/2021.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2021-01-05
Reply of petitioner Micron Technology, Inc. filed. (Distributed)
2020-12-17
Brief of respondent North Star Innovations, Inc. in opposition filed.
2020-11-13
Petition for a writ of certiorari filed. (Response due December 17, 2020)

Attorneys

Micron Technology, Inc.
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Petitioner
North Star Innovations, Inc.
Edward Charles FlynnEckert Seamans Cherin & Mellott LLC, Respondent