Supreme Court of the United States · Official docket →

Fredman Bros. Furniture Company, Inc. v. Bedgear, LLC

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-2170

Dismissed · June 23, 2021

Pre-decision estimate: 7% cert probability (95% interval 4%–14%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a dissent in the court below and a Federal Circuit decision below, and down for a business respondent.

Question presented

Whether administrative patent judges are “principal” or “inferior” Officers of the United States within the meaning of the Appointments Clause.

Counsel of record

For petitioner
Abran J. Kean
Erise IP, P.A.

For respondent
Kenneth Lee Marshall
Bryan Cave Leighton Paisner LLP

Case

Subject area
Miscellaneous (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Proceedings

Jun 23 2021
Petition Dismissed - Rule 46.
Jun 21 2021
DISTRIBUTED for Conference of 6/24/2021.
Jun 21 2021
Joint stipulation of dismissal under Rule 46.1 filed.
Dec 16 2020
DISTRIBUTED for Conference of 1/8/2021.
Nov 30 2020
Memorandum of respondent in Response filed.
Oct 19 2020
Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020.
Oct 16 2020
Motion to extend the time to file a response from October 29, 2020 to November 30, 2020, submitted to The Clerk.
Sep 25 2020
Petition for a writ of certiorari filed. (Response due October 29, 2020)