`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`PFIZER, INC.,
`Appellant
`
`v.
`
`CHUGAI PHARMACEUTICAL CO. LTD.,
`Appellee
`______________________
`
`2019-1513, -1514
`______________________
`
`Appeals from the United States Patent and Trade-
`mark Office, Patent Trial and Appeal Board in Nos.
`IPR2017-01357 and IPR2017-01358.
`______________________
`
`ON MOTION
`______________________
`O R D E R
`Pfizer Inc. submits a motion for supplemental briefing
`
`to address this court’s recent decision in Arthrex, Inc. v.
`Smith & Nephew, Inc., No. 2018-2140, 2019 WL 5616010
`(Fed. Cir. Oct. 31, 2019). Pfizer states that Chugai Phar-
`maceutical Co., Ltd. objects to the requested relief. The
`court also construes the motion as notice that Pfizer is
`seeking to challenge the Patent Trial and Appeal Board’s
`decisions as rendered by administrative patent judges
`
`
`
`
`
`
`
`Case: 19-1513 Document: 32 Page: 2 Filed: 11/22/2019
`
`
`2
`
`PFIZER, INC. v. CHUGAI PHARMACEUTICAL CO. LTD.
`
`
`
`who were appointed in violation of the Appointments
`Clause of the Constitution.
` Upon notice of the fact that “a party questions the
`constitutionality of an Act of Congress in a proceeding in
`which the United States . . . is not a party,” the clerk of
`this court must “certify that fact to the Attorney General.”
`Fed. R. App. P. 44(a); see also 28 U.S.C. § 2403(a) (“In any
`action . . . in a court of the United States to which the
`United States . . . is not a party, wherein the constitution-
`ality of any Act of Congress affecting the public interest is
`drawn in question, the court shall certify such fact to the
`Attorney General, and shall permit the United States to
`intervene . . . for argument on the question of constitu-
`tionality.”).
`Upon consideration thereof,
`IT IS ORDERED THAT:
`(1) Notice of Pfizer’s constitutional challenge is here-
`by certified to the Attorney General.
`(2) The United States’ request to intervene and any
`response by the United States and Chugai to the motion
`is due no later than ten days from the date of filing of this
`order. Any reply in support of the motion is due no later
`than five days thereafter.
`
`
`
`
`
`
`
`
` November 22, 2019 /s/ Peter R. Marksteiner
` Date
` Peter R. Marksteiner
` Clerk of Court
`
`s25
`cc: United States Attorney General
`
`
`
` FOR THE COURT
`
`
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