Decided

No. 12-761

POM Wonderful LLC v. The Coca-Cola Company

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which all other Members joined, except Breyer, J., who took no part in the consideration or decision of the case.

Argued. For petitioner: Seth P. Waxman, Washington, D. C. For the United States, as amicus curiae: Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Kathleen M. Sullivan, New York, N. Y.

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

Justice Alito is no longer recused in this case.

Reply of petitioner POM Wonderful LLC filed. (Distributed)

Brief amicus curiae of Dr. Michael Friedman, Former Acting Commissioner and Lead Deputy Commissioner for the United States FDA filed. (Distributed)

Brief amicus curiae of DRI - The Voice of the Defense Bar filed.

Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. (Distributed)

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

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

Brief of respondent The Coca-Cola Company filed. (Distributed)

CIRCULATED.

Brief amicus curiae of Generic Pharmaceutical Association in support of neither party filed.

Brief amicus curiae of the United States in support of neither party filed.

Brief amicus curiae of International Trademark Association filed.

Brief amicus curiae of Alaska, et al. filed.

Brief amicus curiae of FDA Commissioner Dr. Donald Kennedy filed.

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

Brief amici curiae of Public Citizen, Inc., et al. filed.

Joint appendix filed. (Statement of costs filed.)

Brief of petitioner POM Wonderful LLC filed.

Record received from U.S.D.C. Central District of California is located on PACER. A portion of this record is SEALED.

Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.

SET FOR ARGUMENT ON Monday, April 21, 2014

Petition GRANTED. Justice Breyer and Justice Alito took no part in the consideration or decision of this petition.

Supplemental brief of respondent The Coca-Cola Company filed. (Distributed)

DISTRIBUTED for Conference of January 10, 2014.

Supplemental brief of petitioner POM Wonderful LLC 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. Justice Breyer took no part in the consideration or decision of this petition.

DISTRIBUTED for Conference of March 22, 2013.

Brief of respondent The Coca-Cola Company in opposition filed.

Order extending time to file response to petition to and including February 25, 2013.

Petition for a writ of certiorari filed. (Response due January 25, 2013)

Application (12A420) granted by Justice Kennedy extending the time to file until December 21, 2012.

Application (12A420) to extend the time to file a petition for a writ of certiorari from November 6, 2012 to December 21, 2012, submitted to Justice Kennedy.

Parties

POM Wonderful LLC, Petitioner, represented by Seth P. Waxman

The Coca-Cola Company, Respondent, represented by Kathleen M. Sullivan

Amici Curiae

Alaska, et al., Amicus Curiae, represented by Laura Frances Fox

American Beverage Association, Amicus Curiae, represented by Paul D. Clement

DRI - The Voice of the Defense Bar, Amicus Curiae, represented by J. Michael Weston

Dr. Michael Friedman, Former Acting Commissioner and Lead Deputy Commissioner for the United States FDA, Amicus Curiae, represented by Partha P. Chattoraj

FDA Commissioner Dr. Donald Kennedy, Amicus Curiae, represented by Jonathan S. Massey

Generic Pharmaceutical Association in support of neither party, Amicus Curiae, represented by William M. Jay

International Trademark Association, Amicus Curiae, represented by Saul H. Perloff

Public Citizen, Inc., et al., Amicus Curiae, represented by Allison M. Zieve

The American Intellectual Property Law Association in support of neither party, Amicus Curiae, represented by Peter A. Sullivan

The Chamber of Commerce of the United States of America, et al., Amicus Curiae, represented by Bert W. Rein

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

United States, Amicus Curiae, represented by Melissa Arbus Sherry

 
Last updated: February 16, 2016