Decided

No. 15-1189

Impression Products, Inc. v. Lexmark International, Inc.

from the United States Court of Appeals for the Federal Circuit

See other cases from the Federal Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Ginsburg, J., filed an opinion concurring in part and dissenting in part. Gorsuch, J., took no part in the consideration or decision of this case.

Argued. For petitioner: Andrew J. Pincus, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Constantine L. Trela, Jr., Chicago, Ill.

Record received from the U.S.C.A. for the Federal Circuit. The record is available on PACER, except for the Confidential Joint Appendix which was transmitted separately.

Reply of petitioner Impression Products, Inc. filed. (Distributed)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted in part, and the time is to be divided as follows: 25 minutes for petitioner, 10 minutes for the Acting Solicitor General, and 30 minutes for respondent.

Brief amicus curiae of Plantronics, Inc. filed. (Distributed)

Brief amici curiae of Biotechnology Innovation Organization, and CropLife International filed.

Brief amici curiae of Law Professors Adam Mossoff and Gregory Dolin filed. (Distributed)

Brief amicus curiae of International Business Machines Corporation filed. (Distributed)

Brief amici curiae of Nokia Technologies Oy, and Nokia USA Inc. filed. (Distributed)

Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)

Brief amici curiae of 44 Law, Economics and Business Professors filed. (Distributed)

Brief amicus curiae of Boston Patent Law Association filed. (Distributed)

Brief amicus curiae of Interdigital, Inc. filed. (Distributed)

Brief amicus curiae of Medical Device Manufacturers Association filed. (Distributed)

Brief amici curiae of Medtronic PLC, and Zimmer Biomet Holdings, Inc. filed. (Distributed)

Brief amicus curiae of Qualcomm Incorporated filed. (Distributed)

Brief amicus curiae of Dolby Laboratories, Inc. filed. (Distributed)

CIRCULATED.

Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)

Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)

Brief amicus curiae of Imaging Supplies Coalition filed. (Distributed)

Motion of the Acting Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument filed.

Brief of respondent Lexmark International, Inc. filed.

Record requested from the U.S.C.A. for the Federal Circuit.

SET FOR ARGUMENT on Tuesday, March 21, 2017

Brief amici curiae of Intellectual Property Professors, et al. filed.

Brief amicus curiae of Mitchell Hamline School of Law Intellectual Property Institute filed.

Brief amici curiae of Professors John F. Duffy and Richard M. Hynes in support of neither party filed.

Brief amicus curiae of the Association of Medical Device Reprocessors filed.

Brief amici curiae of Intel Corp., Dell Inc., and Vizio Inc. filed.

Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.

Brief amicus curiae of Austin Intellectual Property Law Association in support of neither party filed.

Brief amici curiae of HTC Corporation and HTC America, Inc. filed.

Brief amicus curiae of Public Citizen, Inc. filed.

Brief amici curiae of Auto Care Association, et al. filed.

Brief amicus curiae of Quanta Computer Inc. filed.

Brief amicus curiae of Licensing Executives Society (U.S.A. and Canada), Inc. in support of neither party filed.

Brief amicus curiae of United States supporting reversal in part and vacatur in part filed.

Brief amici curiae of Costco Wholesale Corporation, et al. filed.

Brief amicus curiae of Huawei Technologies Co., Ltd. filed.

Brief amici curiae of Association of Service and Computer Dealers International, Inc., et al. filed.

Brief amici curiae of Professor Robin Feldman, et al. filed.

Brief amici curiae of Public Knowledge, et al. filed.

Brief amicus curiae of Professor Frederick M. Abbott. filed.

Brief of petitioner Impression Products, Inc. filed.

Joint appendix filed. (Statement of costs filed)

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.

Petition GRANTED.

DISTRIBUTED for Conference of December 2, 2016.

Supplemental brief of petitioner Impression Products, Inc. filed. (Distributed)

DISTRIBUTED for Conference of November 22, 2016.

Supplemental brief of respondent Lexmark International, Inc. filed. (Distributed)

Brief amicus curiae of United States filed.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Reply of petitioner Impression Products, Inc. filed. (Distributed)

DISTRIBUTED for Conference of June 16, 2016.

Letter of May 27, 2016, received from counsel for petitioner waiving the 14-day waiting period for the filing of a reply brief pursuant to Rule 15.5.

Brief of respondent Lexmark International, Inc. in opposition filed.

Brief amicus curiae of The Association of Medical Device Reprocessors filed.

Brief amicus curiae of Sandisk Corporation filed.

Brief amici curiae of Intel Corp., et al. filed.

Brief amici curiae of Intellectual Property Professors, et al. filed.

Brief amici curiae of Auto Care Association, et al. filed.

Brief amici curiae of Costco Wholesale Corporation, et al. filed.

Brief amici curiae of Public Knowledge, et al. filed.

Brief amici curiae of Association of Service and Computer Dealers International, Inc., et al. filed.

Consent to the filing of amicus curiae briefs, in support of either party, or of neither party, received from counsel for the respondent.

Order extending time to file response to petition to and including May 23, 2016.

Petition for a writ of certiorari filed. (Response due April 21, 2016)

Parties

Impression Products, Inc., Petitioner, represented by Andrew J. Pincus

Lexmark International, Inc., Respondent, represented by Constantine L. Trela Jr.

Amici Curiae

44 Law, Economics and Business Professors, Amicus Curiae, represented by Ted M. Sichelman

American Intellectual Law Association in support of neither party, Amicus Curiae, represented by Kristin Leigh Woycik Yohannan

Association of Service and Computer Dealers International, Inc., et al., Amicus Curiae, represented by W. Douglas Kari

Austin Intellectual Property Law Association in support of neither party, Amicus Curiae, represented by David W. O'Brien

Auto Care Association, et al., Amicus Curiae, represented by Seth D. Greenstein

Biotechnology Innovation Organization, and CropLife International, Amicus Curiae, represented by Barbara A. Fiacco

Boston Patent Law Association, Amicus Curiae, represented by Daniel Leavitt Shores

Costco Wholesale Corporation, et al., Amicus Curiae, represented by Ariel N. Lavinbuk

Dobly Laboratories, Inc.., Amicus Curiae, represented by Garrard R. Beeney

HTC Corporation and HTC America, Inc., Amicus Curiae, represented by Steven Anzalone

Huawei Technologies Co.,LTD., Amicus Curiae, represented by Aaron M. Streett

Imaging supplies Coalition., Amicus Curiae, represented by Mark Schonfeld

Intel Corp., Dell Inc., and Vizio Inc., Amicus Curiae, represented by Mark S. Davies

Intellectual Property Owners Association, Amicus Curiae, represented by Robert M. Isackson

Intellectual Property Professors, et al., Amicus Curiae, represented by Phillip Robert Malone

Interdigital, Inc., Amicus Curiae, represented by David Sidney Steuer

International Business Machines Corporation, Amicus Curiae, represented by Paul D. Clement

Law Professors Adam Mossoff and Gregory Dolin, Amicus Curiae, represented by Miranda Yan Jones

Licensing Executives Society (U.S.A. and Canada), Inc. in support of neither party, Amicus Curiae, represented by Daniel S. Stringfield

Medical Device Manufacturers Association, Amicus Curiae, represented by Paul A. Stewart

Medtronic PLC and Zimmer Biomet Holdings, Inc., Amicus Curiae, represented by Kathleen A. Daley

Mitchell Hamline School of Law Intellectual Property Institute, Amicus Curiae, represented by R. Carl Moy

New York Intellectual Property Law Association, Amicus Curiae, represented by Noah Maxim Leibowitz

Nokia Technologies Oy, and Nokia USA Inc., Amicus Curiae, represented by John D. Haynes

Pharmaceutical Research and Manufacturers of America, Amicus Curiae, represented by Jeffrey L. Handwerker

Plantronics, Inc., Amicus Curiae, represented by Rachel C. Hughey

Professor Frederick M. Abbott., Amicus Curiae, represented by Frederick Michael Abbott

Professor Robin Feldman, et al., Amicus Curiae, represented by Robin C. Feldman

Professors John F. Duffy and Richard M. Hynes in support of neither party, Amicus Curiae, represented by Matthew James Dowd

Public Citizen, Inc., Amicus Curiae, represented by Scott L. Nelson

Public Knowledge, et al., Amicus Curiae, represented by Charles Duan

Qualcomm Incorporated, Amicus Curiae, represented by Jeffrey A. Lamken

Quanta Computer Inc., Amicus Curiae, represented by Peter J. Wied

Sandisk Corporation, Amicus Curiae, represented by Steven A. Hirsch

The Association of Medical Device Reprocessors, Amicus Curiae, represented by Robert A. Surrette

United States, Amicus Curiae, represented by Malcolm L. Stewart

United States, Amicus Curiae, represented by Jeffrey B. Wall

 
Last updated: August 21, 2017