| No. 19-1458 Vide 19-1434, 19-1452 | |
| Title: | Arthrex, Inc., Petitioner v. Smith & Nephew, Inc., et al. |
| Docketed: | July 6, 2020 |
| Lower Ct: | United States Court of Appeals for the Federal Circuit |
| Case Numbers: | (2018-2140) |
| Decision Date: | October 31, 2019 |
| Rehearing Denied: | March 23, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jun 30 2020 | Petition for a writ of certiorari filed. (Response due August 5, 2020) |
| PetitionCertificate of Word CountProof of Service | |
| Jul 20 2020 | Blanket Consent filed by Respondents, Smith & Nephew, Inc., et al. VIDED |
| Blanket Consent | |
| Jul 20 2020 | Blanket Consent filed by Petitioner, Arthrex, Inc. VIDED |
| Blanket Consent | |
| Jul 20 2020 | Blanket Consent filed by Respondent, United States VIDED |
| Blanket Consent | |
| Jul 22 2020 | Memorandum of respondent United States filed. VIDED. |
| Main DocumentProof of Service | |
| Jul 23 2020 | Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED. |
| Main DocumentOtherProof of Service | |
| Aug 04 2020 | Brief amicus curiae of US Inventor, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 05 2020 | Brief amicus curiae of TiVo Corporation filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 11 2020 | Reply of petitioner Arthrex, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 12 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Oct 05 2020 | DISTRIBUTED for Conference of 10/9/2020. |
| Oct 13 2020 | 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. 19-1452 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. |
| Oct 13 2020 | 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.” |
| Dec 31 2020 | SET FOR ARGUMENT on Monday, March 1, 2021. VIDED. |
| Jan 14 2021 | CIRCULATED |
| Jan 25 2021 | Record requested from the U.S.C.A. for the Federal Circuit. |
| Mar 01 2021 | 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. |
| Jun 21 2021 | 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. |
| Jul 23 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Jeffrey Alan Lamken Counsel of Record | MoloLamken LLP The Watergate, Suite 500 600 New Hampshire Ave., N.W. Washington, DC 20037 jlamken@mololamken.com | 2025562010 |
| Party name: Arthrex, Inc. | ||
| Attorneys for Respondents | ||
| Mark Andrew Perry Counsel of Record | Gibson Dunn & Crutcher, LLP 1050 Connecticut Avenue, NW Washington, DC 20036-5306 mperry@gibsondunn.com | 202-887-3667 |
| Party name: Smith & Nephew, Inc., et al. | ||
| Elizabeth B. Prelogar Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Other | ||
| Robert P. Greenspoon Counsel of Record | Flachsbart & Greenspoon, LLC 333 N. Michigan Ave Suite 2700 Chicago, IL 60601 rpg@fg-law.com | 312-551-9500 |
| Party name: US Inventor, Inc. | ||
| Michael E. Joffre Counsel of Record | STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C. 1100 New York Avenue, NW Washington, DC 20005 mjoffre@sternekessler.com | 202-772-8856 |
| Party name: TiVo Corporation | ||