Decided

No. 08-1423

Costco Wholesale Corporation v. Omega, S.A.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

Record returned to U.S.D.C. for Central District of California.

JUDGMENT ISSUED.

Adjudged to be AFFIRMED by an equally divided Court. Justice Kagan took no part in the consideration or decision of this case. (orders list)

Argued. For petitioner: Roy T. Englert, Jr., Washington, D. C . For respondent: Aaron M. Panner, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion. (orders list)

Reply of petitioner Costco Wholesale Corporation filed. (Distributed)

Record received from U.S.D.C. for Central District of California. (5 boxes) There are sealed documents in this record.

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

Brief amicus curiae of Business Software Alliance filed.

Brief amicus curiae of United States filed. (Distributed)

Brief amici curiae of Fujifilm Corporation, et al. filed. (Distributed)

Brief amicus curiae of American Bar Association filed.

Brief amici curiae of Motion Picture Association of America, Inc., et al. filed. (Distributed)

Brief amicus curiae of American Publishers filed. (Distributed)

Brief amicus curiae of Software & Information Industry Association filed.

Justice Kagan is recused in this case.

Brief amicus curiae of American Watch Association filed. (Distributed)

Brief amicus curiae of Intellectual Property Owners Association filed.

Brief of respondent Omega, S.A. filed. (Distributed)

Record received from U.S.C.A. for 9th Circuit. (1 envelope)

SET FOR ARGUMENT ON Monday, November 8, 2010.

CIRCULATED.

Brief amici curiae of Entertainment Merchants Association, et al. filed.

Brief amicus curiae of Intel Corporation filed.

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

Brief amicus curiae of Public Citizen filed.

Brief amicus curiae of eBay, Inc., et al. filed.

Brief amici curiae of Retail Industry Leaders Association, et al. filed.

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

Brief amici curiae of American Library Association, et al. filed.

Brief of petitioner Costco Wholesale Corporation filed.

Joint appendix filed. (Statement of costs filed)

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

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

The time within which to file respondent's brief on the merits is extended to and including August 31, 2010.

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2010.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of April 16, 2010.

Supplemental brief of petitioner in response to brief of United States as amicus curiae filed.

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.

Supplemental brief of petitioner Costco Wholesale Corporation filed. (Distributed)

DISTRIBUTED for Conference of September 29, 2009 (Pag (CL Page 8).

DISTRIBUTED for Conference of September 29, 2009.

Reply of petitioner Costco Wholesale Corporation filed.

Brief of respondent Omega, S.A. in support filed.

Brief of respondent Omega, S.A. in opposition filed.

Brief amici curiae of Retail Industry Leaders Association, et al. filed.

Brief amicus curiae of eBay Inc. filed.

Brief amici curiae of Entertainment Merchants Association, et al. filed.

Brief amici curiae of Public Knowledge, and Electronic Frontier Foundation filed.

Brief amicus curiae of Public Citizen, Inc. filed.

Consent to the filing of amicus 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 July 17, 2009.

Petition for a writ of certiorari filed. (Response due June 17, 2009)

Parties

Costco Wholesale Corporation, Petitioner, represented by Roy T. Englert Jr.

Omega, S.A., Respondent, represented by Michael K. Kellogg

Omega, S.A., Respondent, represented by Aaron M. Panner

Amici Curiae

American Bar Association, Amicus Curiae, represented by Stephen N. Zack

American Intellectual Property Law Association in support of neither party, Amicus Curiae, represented by Patrick J. Coyne

American Library Association, et al., Amicus Curiae, represented by Jonathan Band

American Publishers, Amicus Curiae, represented by Charles S. Sims

American Watch Association, Amicus Curiae, represented by Ronald G. Dove Jr.

Business Software Alliance, Amicus Curiae, represented by Andrew J. Pincus

Costco Wholesale Corporation v. Omega, S.A., Amicus Curiae, represented by Malcolm L. Stewart

eBay Inc., Amicus Curiae, represented by Steven A. Hirsch

eBay, Inc., et al., Amicus Curiae, represented by David B. Salmons

Entertainment Merchants Association, et al., Amicus Curiae, represented by John T. Mitchell

Fujifilm Corporation, et al., Amicus Curiae, represented by Lawrence Rosenthal

Intel Corporation, Amicus Curiae, represented by Theodore B. Olson

Intellectual Property Owners Association, Amicus Curiae, represented by George L. Graff

Motion Picture Association of America, Inc., et al., Amicus Curiae, represented by Seth P. Waxman

Public Citizen, Inc., Amicus Curiae, represented by Adina H. Rosenbaum

Public Knowledge, and Electronic Frontier Foundation, Amicus Curiae, represented by Gigi B. Sohn

Public Knowledge, et al., Amicus Curiae, represented by Gigi B. Sohn

Retail Industry Leaders Association, et al., Amicus Curiae, represented by Seth D. Greenstein

Software & Information Industry Association, Amicus Curiae, represented by Scott E. Bain

United States, Amicus Curiae, represented by Elena Kagan

United States, Amicus Curiae, represented by Neal Kumar Katyal

 
Last updated: November 7, 2011