Supreme Court of the United States · Official docket →
adidas AG v. Nike, Inc.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1787, 2019-1788 · judgment June 25, 2020
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Federal Circuit decision below, and down for a business respondent.
Questions presented
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Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Office are principal officers who must be appointed by the President with the Senate’s advice and consent, or “inferior Officers” whose appointment Congress has permissibly vested in a department head.
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Whether, if administrative patent judges are principal officers, the court of appeals properly cured any Appointments Clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. § 7513(a) to those judges.
Counsel of record
For petitioner
Adam Howard Charnes
Kilpatrick Townsend
For respondent
Aaron Gabriel Fountain
DLA Piper LLP (US)
Case
Subject area
Miscellaneous (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 22, 2021 · Certiorari denied
Proceedings
- Feb 22 2021Petition DENIED.
- Jan 13 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 08 2021Reply of petitioner Adidas AG filed. (Distributed)
- Dec 28 2020Brief of respondent Nike, Inc. in opposition filed.
- Nov 20 2020Petition for a writ of certiorari filed. (Response due December 28, 2020)