The U.S. Supreme Court has scheduled oral argument in the
Arthrex cases (docket 19-1434) for March
1, 2021. And, as of January 11, 2021, the Court has accepted the
oral argument time divisions proposed by the Acting Solicitor
General. The proposal had received the quiet support of the other
two parties in the cases, Smith & Nephew and
Arthrex.1 Accordingly, the Court will allocate 15
minutes to the United States, 15 minutes to Smith & Nephew, and
the remaining 30 minutes to Arthrex for each to make their case
before the Justices.
In the Arthrex cases, the Court has agreed to consider
two questions: (1) whether administrative patent judges are
principal or inferior officers for purposes of the Appointments
Clause; and (2) whether, if administrative patent judges are
principal officers, the Federal Circuit properly cured any
Appointments Clause defect by severing the application of 5 U.S.C.
7513(a) to those judges. In their initial merits briefs, the United States
