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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: 3% cert probability

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

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

Conference history
Distributed for 2 conferences

Proceedings

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