Supreme Court of the United States · Official docket →

RPM International Inc., et al. v. Alan Stuart, Trustee for the Cecil G. Stuart and Donna M. Stuart Revocable Living Trust Agreement, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1994, 2019-2238 · judgment January 21, 2020

GVR'd · June 28, 2021

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Whether the court of appeals erred by vacating and remanding the case based on an Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, challenge raised for the first time in a pre-briefing motion before the court of appeals.
Whether the court of appeals erred by holding administrative patent judges of the United States Patent and Trademark Office Patent Trial and Appeal Board are principal officers under the Appointments Clause.

For petitioner
—

For respondent
Marcus Alan Barber
Kasowitz Benson Torres LLP

Conference history
Distributed for 3 conferences

Jul 30 2021
JUDGMENT ISSUED.
Jun 28 2021
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Arthrex, Inc., 594 U. S. ___ (2021).
Jun 21 2021
DISTRIBUTED for Conference of 6/24/2021.
Dec 23 2020
DISTRIBUTED for Conference of 1/8/2021.
Dec 09 2020
Brief of respondents Alan Stuart, Trustee for the Cecil G. Stuart and Donna M. Stuart Revocable Living Trust Agreement, et al. in opposition filed.
Nov 09 2020
Response Requested. (Due December 9, 2020)
Oct 28 2020
DISTRIBUTED for Conference of 11/13/2020.
Sep 04 2020
Petition for a writ of certiorari filed. (Response due October 13, 2020)