| 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 administrative patent judges are principal or inferior officers under the Appointments Clause |
| 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 |
Whether administrative patent judges are principal officers under the Appointments Clause |
| 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 Federal Circuit erred in holding that the appointment of administrative patent judges by the Secretary of Commerce violates the Appointmen… |
| 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 administrative patent judges are principal officers or inferior officers under the Appointments Clause |
| 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 |
Whether administrative patent judges are principal or inferior officers under the Appointments Clause |
| 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 |
Whether the court of appeals erred by vacating and remanding the case based on an Appointments Clause challenge |
| 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 |
Whether the court of appeals' severance remedy of the Appointments Clause violation of Administrative Patent Judges (APJs) is consistent with congress… |
| 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 |
Whether administrative patent judges are principal or inferior officers under the Appointments Clause |
| 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 |
Whether Board decisions that are arbitrary and capricious, exceed the Board's statutory jurisdiction from the start, and are made by administrative pa… |
| 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 |
Whether the Federal Circuit violated the Chenery doctrine |
| 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 |
Whether a court of appeals can invoke forfeiture to refuse to address an Appointments Clause violation in a pending appeal despite an intervening chan… |
| 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 |
Whether severance of the tenure protections for Administrative Patent Judges ('APJs) was unavailable to the Arthrex court to remedy the violation of t… |
| 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 |
Whether the court of appeals' severance remedy is consistent with congressional intent, where Congress has long considered tenure protections essentia… |
| 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 |
Whether administrative patent judges are principal officers under the Appointments Clause |
| 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 |
Whether Administrative Patent Judges are principal Officers under the Appointments Clause |