| 20-1654 |
Sonos, Inc. v. Implicit, LLC, et al. |
Federal Circuit |
2021-05-26 |
Denied |
Response RequestedRelisted (2) |
administrative-patent-judges appointments-clause article-ii constitutional-law inferior-officers principal-officers separation-of-powers united-states |
Whether administrative patent judges are
"principal" or "inferior" Officers of the United States
within the meaning of the Appointments Clause. |
| 20-1631 |
Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office v. Implicit, LLC, et al. |
Federal Circuit |
2021-05-21 |
GVR |
Response RequestedRelisted (2) |
administrative-law administrative-patent-judges appointments-clause constitutional-law inferior-officers judicial-appointment officer-status patent-office principal-officers separation-of-powers us-patent-and-trademark-office |
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 Offic… |
| 20-1285 |
Immunex Corporation v. Sanofi-Aventis U.S. LLC, et al. |
Federal Circuit |
2021-03-16 |
Denied |
|
35-usc-318 administrative-patent-judges appointments-clause inferior-officers patent-and-trademark-office principal-officers |
The first two questions presented here are the same as those presented in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1458; Smith & Nephew, Inc. v. … |
| 20-7407 |
Alberto Solar-Somohano v. The Coca-Cola Company, et al. |
Federal Circuit |
2021-03-10 |
Denied |
Response WaivedIFP |
administrative-law administrative-patent-judges appointments appointments-clause arthrex-decision article-i constitutional-review patent-appeal secretary-of-commerce separation-of-powers trademark-judges |
Whether the 2002 Intellectual Property High Technology Technical Amendments Act be repealed - the enrolled bill was missing the section that made the … |
| 20-1220 |
Comcast Cable Communications, LLC v. Promptu Systems Corporation, et al. |
Federal Circuit |
2021-03-03 |
Denied |
|
administrative-patent-judges appointments-clause appointments-clause-interpretation constitutional-law inferior-officers judicial-review officer-status principal-officers separation-of-powers |
Whether administrative patent judges are "principal" or "inferior" Officers of the United States within the meaning of the Appointments Clause. |
| 20-853 |
Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office v. Fall Line Patents, LLC, et al. |
Federal Circuit |
2020-12-28 |
GVR |
Response RequestedRelisted (3) |
administrative-law administrative-patent-judges appointments-clause constitutional-interpretation department-head inferior-officers officer-status patent-office principal-officers separation-of-powers us-patent-and-trademark-office |
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 Offic… |
| 20-414 |
Rovi Guides, Inc. v. Comcast Cable Communications, LLC, et al. |
Federal Circuit |
2020-09-30 |
Denied |
Relisted (2) |
administrative-law administrative-patent-judges appointments-clause civil-procedure constitutional-interpretation due-process executive-officers patent separation-of-powers tenure-protections |
1. Whether the severance and invalidation of administrative patent judges' tenure protections is consistent with congressional intent.
2. Whether inv… |
| 20-408 |
Fredman Bros. Furniture Company, Inc. v. Bedgear, LLC |
Federal Circuit |
2020-09-29 |
Dismissed |
Relisted (2) |
administrative-officers administrative-patent-judges appointments-clause constitutional-law inferior-officers judicial-review patent-law principal-officers separation-of-powers united-states |
Whether administrative patent judges are "principal" or "inferior" Officers of the United States within the meaning of the Appointments Clause. |
| 20-314 |
RPM International Inc., et al. v. Alan Stuart, Trustee for the Cecil G. Stuart and Donna M. Stuart Revocable Living Trust Agreement, et al. |
Federal Circuit |
2020-09-10 |
GVR |
Response RequestedRelisted (3) |
administrative-law administrative-patent-judges appointments-clause constitutional-law judicial-procedure officer-status patent patent-trial-and-appeal-board standing us-constitution-article-ii |
1. Whether the court of appeals erred by vacating and remanding the case based on an Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, challenge r… |
| 20-271 |
Vilox Technologies, LLC v. Andre Iancu, Director, United States Patent and Trademark Office |
Federal Circuit |
2020-09-02 |
Denied |
Relisted (2) |
administrative-judges administrative-patent-judges appointments-clause congressional-intent executive-review patent-trial-and-appeal-board severance-remedy tenure-protections |
1. Whether the court of appeals' severance remedy of the Appointments Clause violation of Administrative Patent Judges (APJs) is consistent with congr… |
| 20-273 |
Comcast Cable Communications, LLC v. Rovi Guides, Inc., et al. |
Federal Circuit |
2020-09-02 |
Dismissed |
|
administrative-law administrative-patent-judges agency-adjudication appointments-clause constitutional-interpretation inferior-officers judicial-review patent-judges principal-officers separation-of-powers united-states-patent-and-trademark-office |
1. Whether, for purposes of the Appointments Clause, U.S. Const. art. II, § 2, cl. 2, administrative patent judges of the United States Patent and Tra… |
| 20-228 |
ESIP Series 2, LLC v. Puzhen Life USA, LLC |
Federal Circuit |
2020-08-28 |
Denied |
Response Waived |
administrative-patent-judges appointments-clause arbitrary-and-capricious art-iii-court due-process inter-partes-review patent statutory-jurisdiction thryv-precedent |
1. Whether Board decisions that are arbitrary
and capricious, exceed the Board's statutory
jurisdiction from the start, and are made by
administrative… |
| 20-150 |
ThermoLife International LLC v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office |
Federal Circuit |
2020-08-13 |
Denied |
|
administrative-patent-judges appellate-review appointments-clause chenery-doctrine constitutional-appointment patent-trial-and-appeal-board principal-officers rehearing unconstitutional-appointments |
1. Whether the Federal Circuit violated the
Chenery doctrine by making new factual findings in
the first instance on appeal to affirm a decision of
th… |
| 20-92 |
Comcast Cable Communications, LLC v. Promptu Systems Corporation, et al. |
Federal Circuit |
2020-07-29 |
Denied |
Relisted (2) |
administrative-patent-judges appointments-clause appointments-clause-interpretation constitutional-law inferior-officers officer-status principal-officers separation-of-powers |
Whether administrative patent judges are "principal" or "inferior" Officers of the United States within the meaning of the Appointments Clause. |
| 19-1475 |
Duke University v. Biomarin Pharmaceutical Inc. |
Federal Circuit |
2020-07-08 |
Denied |
|
35-usc-314 administrative-law administrative-patent-judges appointments-clause due-process forfeiture inter-partes-review patent patent-law standing statutory-interpretation |
1. Whether a court of appeals can invoke forfeiture to refuse to address an Appointments Clause violation in a pending appeal despite an intervening c… |
| 19-1459 |
Polaris Innovations Limited v. Kingston Technology Company, Inc., et al. |
Federal Circuit |
2020-07-06 |
GVR |
Amici (2)Relisted (3) |
35-usc-311 administrative-patent-judges appointments-clause civil-service-protections congressional-intent constitutional-remedy ipr-statute patent-law severance statutory-interpretation tenure-protections |
1. Whether severance of the tenure protections for Administrative Patent Judges ("APJs") was unavailable to the Arthrex court to remedy the violation … |
| 19-1458 |
Arthrex, Inc. v. Smith & Nephew, Inc., et al. |
Federal Circuit |
2020-07-06 |
Judgment Issued |
Amici (2)Relisted (2) |
administrative-judges administrative-law administrative-patent-judges appointments-clause congress due-process executive-review independence judicial-remedy patent separation-of-powers severance tenure tenure-protection |
The Appointments Clause requires principal officers
to be appointed by the President with the advice and
consent of the Senate, but permits inferior o… |
| 19-1452 |
Smith & Nephew, Inc., et al. v. Arthrex, Inc., et al. |
Federal Circuit |
2020-07-02 |
Judgment Issued |
Amici (1)Relisted (2) |
administrative-adjudicators administrative-patent-judges appointments-clause constitutional-interpretation federal-circuit inferior-officers lucia-v-sec patent-trial-and-appeal-board principal-officers |
Whether administrative patent judges are "principal" or "inferior" Officers of the United States within the meaning of the Appointments Clause. |
| 19-1434 |
United States v. Arthrex, Inc., et al. |
Federal Circuit |
2020-06-29 |
Judgment Issued |
Amici (2)Relisted (2) |
administrative-patent-judges appointments-clause constitutional-law inferior-officer inferior-officers patent patent-and-trademark-office principal-officer principal-officers standing uspto |
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 Of… |
| 18-189 |
Smartflash LLC v. Samsung Electronics America, Inc., et al. |
Federal Circuit |
2018-08-14 |
Denied |
Response Waived |
35-usc-101 administrative-patent-judges appointments-clause covered-business-method-review due-process patent-eligibility patent-invalidation patent-trial-and-appeal-board principal-officers |
1. Whether Administrative Patent Judges of the Patent Trial and Appeal Board ("Board") are principal Officers of the United States who must be appoint… |