No. 21-350

Infineum USA L.P. v. Chevron Oronite Company LLC, et al.

Lower Court: Federal Circuit
Docketed: 2021-09-07
Status: GVR
Type: Paid
Tags: administrative-review appointments-clause certiorari-review federal-circuit federal-rule-of-appellate-procedure-41 final-written-decision judicial-mandate mandate patent-proceedings united-states-v-arthrex
Key Terms:
AdministrativeLaw Securities Patent Trademark JusticiabilityDoctri
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether this Court should vacate the judgment below in view of its recent decision in United States v. Arthrex, Inc., and remand so that the United States Court of Appeals for the Federal Circuit may in turn order the Acting Director to decide whether to rehear the petition filed by Chevron Oronite Company LLC

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether this Court should vacate the judgment below in view of its recent decision in United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021), and remand so that the United States Court of Appeals for the Federal Circuit may in turn order the Acting Director to decide whether to rehear the petition filed by Chevron Oronite Company LLC. 2. Petitioner Infineum’s Appointments Clause challenge was raised with respect to a November 6, 2019 final written decision issued after the Federal Circuit’s Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), opinion but before the issuance of the mandate pursuant to Federal Rule of Appellate Procedure 41 and before this Court’s decision in United States v. Arthrex, Inc., 1418S. Ct. 1970 (2021). To the extent that this Court’s decision in United States v. Arthrex did not foreclose the Federal Circuit’s conclusion that the remedy ordered by Arthreax v. Smith & Nephew cured the Appointments Clause violation, whether the panel decision was final and effective on the date of that decision such that the Appointments Clause violation was cured prior to the mandate being issued in that case.

Docket Entries

2022-01-12
JUDGMENT ISSUED.
2021-12-13
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Arthrex, Inc.</i>, 594 U. S. ___ (2021).
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-19
Reply of petitioner Infineum USA L.P filed. (Distributed)
2021-11-08
Memorandum of Federal Respondent filed.
2021-11-08
Brief of respondent Chevron Oronite Company LLC in opposition filed.
2021-09-24
Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021, for all respondents.
2021-09-23
Motion to extend the time to file a response from October 7, 2021 to November 8, 2021, submitted to The Clerk.
2021-09-21
Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021, for all respondents.
2021-09-20
Motion to extend the time to file a response from October 7, 2021 to November 8, 2021, submitted to The Clerk.
2021-09-02
Petition for a writ of certiorari filed. (Response due October 7, 2021)

Attorneys

Chevron Oronite Company LLC
Naveen ModiPaul Hastings LLP, Respondent
Naveen ModiPaul Hastings LLP, Respondent
Federal Respondent Andrew Hirshfeld
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Infineum USA L.P
David E. De LorenziGibbons P.C., Petitioner
David E. De LorenziGibbons P.C., Petitioner