No. 19-1434
Vide 19-1452, 19-1458
Title:United States, Petitioner
v.
Arthrex, Inc., et al.
Docketed:June 29, 2020
Lower Ct:United States Court of Appeals for the Federal Circuit
   Case Numbers:(2018-2140)
   Decision Date:October 31, 2019
Rule 12.4
   Rehearing Denied:March 23, 2020
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Jun 25 2020Petition for a writ of certiorari filed. (Response due July 29, 2020)
PetitionProof of Service
Jul 20 2020Blanket Consent filed by Respondents, Smith & Nephew, Inc., et al.VIDED
Blanket Consent
Jul 20 2020Blanket Consent filed by Respondent, Arthrex, Inc.VIDED
Blanket Consent
Jul 20 2020Blanket Consent filed by Petitioner, United States VIDED
Blanket Consent
Jul 22 2020Blanket Consent filed by Respondent, Polaris Innovations Limited VIDED
Blanket Consent
Jul 23 2020Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED
Main DocumentOtherProof of Service
Jul 24 2020Response to petition from respondent Arthrex, Inc. filed. VIDED.
Main DocumentOtherProof of Service
Jul 29 2020Brief amicus curiae of Askeladden L.L.C. filed.
Main DocumentProof of ServiceCertificate of Word Count
Jul 29 2020Brief amicus curiae of The New York Intellectual Property Law Association filed. VIDED.
Main DocumentProof of ServiceCertificate of Word Count
Aug 12 2020DISTRIBUTED for Conference of 9/29/2020.
Oct 05 2020DISTRIBUTED for Conference of 10/9/2020.
Oct 13 2020Petition GRANTED as to Federal Circuit case No. 2018-2140, and the petitions for writs of certiorari in Nos. 19-1452 and 19-1458 are 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 2020Because 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.”
Oct 21 2020Petitioners in Nos. 19-1434 and 19-1452 shall each file an opening brief, limited to 13,000 words, on or before Wednesday, November 25, 2020. Amicus curiae briefs in support of petitioners in Nos. 19-1434 or 19-1452, or in support of no party, shall be filed on or before Wednesday, December 2, 2020, and the briefs shall bear a light green cover. Petitioner in No. 19-1458 shall file a consolidated opening and response brief, limited to 17,000 words, on or before Wednesday, December 23, 2020. Amicus curiae briefs in support of petitioner in No. 19-1458 shall be filed on or before Wednesday, December 30, 2020, and the briefs shall bear a dark green cover. Petitioners in Nos. 19-1434 and 19-1452 shall each file a consolidated response and reply brief, limited to 14,500 words, on or before Friday, January 22, 2021. Petitioner in No. 19-1458 shall file a reply brief, limited to 6,000 words, pursuant to Rule 25.3 of the Rules of this Court. VIDED.
Oct 23 2020Motion of United States to dispense with joint appendix submitted.
Proof of ServiceMain Document
Oct 28 2020Blanket Consent filed by Respondent, Smith & Nephew, Inc., et al.
Blanket Consent
Oct 29 2020Blanket Consent filed by Respondent, Arthrex, Inc.
Blanket Consent

NAMEADDRESSPHONE
Attorneys for Petitioner
Jeffrey B. Wall
    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
Attorneys for Respondents
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.
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.
Matthew D. Powers
    Counsel of Record
Tensegrity Law Group LLP
555 Twin Dolphin Dr.
Suite 650
Redwood Shores, CA 94065

matthew.powers@tensegritylawgroup.com
6508026000
Party name: Polaris Innovations Limited
Other
Melvin C. Garner
    Counsel of Record
Leason Ellis LL P
One Barker Avenue
White Plains, NY 10601

Garner@Leasonellis.com
(914) 288-0022
Party name: The New York Intellectual Property Law Association
Charles Robert Macedo
    Counsel of Record
Amster, Rothstein & Ebenstein LLP
90 Park Avenue
New York, NY 10016

cmacedo@arelaw.com
2123368000
Party name: Askeladden L.L.C.