No. 22-639

Arthrex, Inc. v. Smith & Nephew, Inc., et al.

Lower Court: Federal Circuit
Docketed: 2023-01-10
Status: Denied
Type: Paid
Amici (3) Experienced Counsel
Tags: acting-official agency-delegation director-review-authority federal-vacancies-reform-act inter-partes-review patent-and-trademark-office standing succession-plan
Latest Conference: 2023-05-18
Question Presented (from Petition)

Whether the Commissioner for Patents' exercise of
the Director's authority pursuant to an internal agency
delegation violated the Federal Vacancies Reform Act.

Question Presented (AI Summary)

Whether the Commissioner for Patents' exercise of the Director's authority pursuant to an internal agency delegation violated the Federal Vacancies Reform Act

Docket Entries

2023-05-22
Petition DENIED.
2023-05-02
DISTRIBUTED for Conference of 5/18/2023.
2023-04-28
Reply of petitioner Arthrex, Inc. filed. (Distributed)
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2023-04-12
Brief of respondents Smith & Nephew, Inc. and ArthroCare Corp. in opposition filed.
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2023-02-28
Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2023, for all respondents.
2023-02-27
Motion to extend the time to file a response from March 13, 2023 to April 12, 2023, submitted to The Clerk.
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2023-02-09
Brief amicus curiae of Dr. Ron D. Katznelson filed.
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2023-02-09
Brief amicus curiae of Fair Inventing Fund filed.
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2023-02-09
Brief amicus curiae of Cato Institute filed.
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2023-01-30
Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2023, for all respondents.
2023-01-27
Motion to extend the time to file a response from February 9, 2023 to March 13, 2023, submitted to The Clerk.
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2023-01-06
Petition for a writ of certiorari filed. (Response due February 9, 2023)
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2022-10-28
Application (22A359) granted by The Chief Justice extending the time to file until January 8, 2023.
2022-10-26
Application (22A359) to extend the time to file a petition for a writ of certiorari from November 9, 2022 to January 8, 2023, submitted to The Chief Justice.
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Attorneys

Arthrex, Inc.
Jeffrey Alan Lamken — MoloLamken LLP, Petitioner
Cato Institute
Clark M. Neily III — Cato Institute, Amicus
Dr. Ron D. Katznelson
Maura Kathleen Moran — Cambridge Technology Law, LLC, Amicus
Fair Inventing Fund
Jonathan S. Massey — Massey & Gail LLP, Amicus
Federal Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent
Smith & Nephew, Inc. and ArthroCare Corp.
Charles T. Steenburg — Wolf, Greenfield & Sacks, P.C., Respondent