Decided

No. 13-461

American Broadcasting Companies, Inc., et al. v. Aereo, Inc., fka Bamboom Labs, Inc.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

Record returned for U.S.D.C. Southern District of New York.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.

Letter from counsel for the respondents filed. (Distributed)

Argued. For petitioners: Paul D. Clement, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C.

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

Justice Alito is no longer recused in this case.

Reply of petitioners American Broadcasting Companies, Inc., et al. filed. (Distributed)

Brief amici curiae of FilmOn X, LLC, et al. filed. (Distributed)

Brief amici curiae of Computer & Communications Industry Association and Mozilla Corporation filed. (Distributed)

Brief amici curiae of Competition Law Professors, et al. filed. (Distributed)

Brief amici curiae of The Electronic Frontier Foundation, et al. filed.

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

Brief amici curiae of The Consumer Federation of America, et al. filed. (Distributed)

Brief amici curiae of Law Professors and Scholars filed. (Distributed)

Brief amici curiae of 36 Intellectual Property and Copyright Law Professors filed. (Distributed)

Brief amici curiae of DISH Network L.L.C., et al. filed. (Distributed)

Brief amici curiae of Small and Independent Broadcasters filed. (Distributed)

Brief of respondent Aereo, Inc., fka Bamboom Labs, Inc. filed. (Distributed)

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

CIRCULATED.

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

Motion for leave to intervene filed by FilmOn X, LLC, et al. DENIED. Justice Alito took no part in the consideration or decision of this motion.

Brief amici curiae of The American Society of Composers, Authors and Publishers (ASCAP), et al. filed.

Brief amicus curiae of American Intellectual Property Law Association filed.

Brief amici curiae of The National Association of Broadcasters, et al. filed.

Brief amicus curiae of BSA / The Software Alliance in support of neither party filed.

Brief amicus curiae of the United States filed.

Brief amici curiae of Center for Democracy & Technology, et al. in support of neither party filed.

Brief amici curiae of Viacom, Inc., et al. filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief amici curiae of National Football League and Major League Baseball filed.

Brief amicus curiae of Cablevision Systems Corp. filed.

Brief amici curiae of Copyright Alliance and Various Professors filed.

Brief amicus curiae of Ralph Oman, Former Register of Copyrights of the United States filed.

Brief amici curiae of Screen Actors Guild-American Federation of Television and Radio Artists, et al. filed.

Brief amicus curiae of The Patent, Trademark & Copyright Section of the Bar Association of the District of Columbia in support of neither party filed.

Brief amici curiae of International Center for Law & Economics, et al. filed.

Brief amici curiae of International Federation of the Phonographic Industry (IFPI), et al. filed.

Brief amici curiae of Time Warner Inc. and Warner Bros. Entertainment Inc. filed.

Record received from U.S.D.C. Southern District of New York (1Box), this record is SEALED.

Brief amici curiae of Professors Peter S. Menell and David Nimmer filed.

Record received from U.S.C.A. 2nd Circuit, a portion of this record is SEALED. This record is electronic (Not PACER).

Brief amicus curiae of The Media Institute filed.

Brief of petitioners American Broadcasting Companies, Inc., et al. filed.

Joint appendix filed.

Reply of FilmOn X LLC to respondent's opposition to motion to intervene.

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

Motion DISTRIBUTED for Conference of February 28, 2014.

SET FOR ARGUMENT ON Tuesday, April 22, 2014

Opposition of respondent to motion to intervene

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

Motion for leave to intervene filed by FilmOn X, LLC, et al.

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

DISTRIBUTED for Conference of January 10, 2014.

Reply of petitioners American Broadcasting Companies, Inc., et al. filed.

Brief of respondent Aereo, Inc., fka Bamboom Labs, Inc. in opposition filed.

Brief amici curiae of Time Warner Inc., and Warner Bros. Entertainment Inc. filed.

Brief amici curiae of The National Association of Broadcasters, et al. filed.

Brief amici curiae of The American Society of Composers, Authors, and Publishers (ASCAP), et al. filed.

Brief amici curiae of Copyright Alliance, and Various Professors filed.

Brief amici curiae of Viacom, Inc., et al. filed.

Brief amici curiae of National Football League, and Major League Baseball filed.

Brief amicus curiae of Washington Legal Foundation

Brief amicus curiae of The Media Institute filed.

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

Order extending time to file response to petition to and including December 12, 2013.

Consent to the filing of amicus curiae briefs, in support of either party or of neitiher party, received from counsel for the respondent.

Petition for a writ of certiorari filed. (Response due November 12, 2013)

Parties

American Broadcasting Companies, Inc., et al., Petitioner, represented by Paul D. Clement

Aereo, Inc., fka Bamboom Labs, Inc., Respondent, represented by David C. Frederick

Amici Curiae

36 Intellectual Property and Copyright Law Professors, Amicus Curiae, represented by David Post

American Cable Association, Amicus Curiae, represented by John T. Mitchell

American Intellectual Property Law Association, Amicus Curiae, represented by Robert B. Mitchell Jr.

BSA / The Software Alliance in support of neither party, Amicus Curiae, represented by Andrew J. Pincus

Cablevision Systems Corp., Amicus Curiae, represented by Jeffrey A. Lamken

Center for Democracy & Technology, et al. in support of neither party, Amicus Curiae, represented by Jonathan Band

Competition Law Professors, et al., Amicus Curiae, represented by Michael M. Epstein

Computer & Communications Industry Association and Mozilla Corporation, Amicus Curiae, represented by Kathleen M. Sullivan

Copyright Alliance and Various Professors, Amicus Curiae, represented by Eleanor Martine Lackman

DISH Network L.L.C., et al., Amicus Curiae, represented by E. Joshua Rosenkranz

FilmOn X, LLC, et al., Amicus Curiae, represented by Ryan G Baker

International Center for Law & Economics, et al., Amicus Curiae, represented by Hans Bader

International Federation of the Phonographic Industry (IFPI), et al., Amicus Curiae, represented by Steven G. Mason

Law Professors and Scholars, Amicus Curiae, represented by Sean Michael Fiil-Flynn

National Football League and Major League Baseball, Amicus Curiae, represented by Robert Alan Garrett

New York Intellectual Property Law Association, Amicus Curiae, represented by Hillel Ira Parness

Professors Peter S. Menell and David Nimmer, Amicus Curiae, represented by Peter S. Menell

Ralph Oman, Former Register of Copyrights of the United States, Amicus Curiae, represented by Ralph Oman

Screen Actors Guild-American Federation of Television and Radio Artists, et al., Amicus Curiae, represented by Duncan Crabtree-Ireland

Small and Independent Broadcasters, Amicus Curiae, represented by Jason M. Schultz

The American Society of Composers, Authors, and Publishers (ASCAP), et al., Amicus Curiae, represented by Russell J. Frackman

The Consumer Federation of America, et al., Amicus Curiae, represented by Peter Jaszi

The Electronic Frontier Foundation, et al., Amicus Curiae, represented by Mitchell Leff Stoltz

The Media Institute, Amicus Curiae, represented by Rodney A. Smolla

The National Association of Broadcasters, et al., Amicus Curiae, represented by Robert A. Long Jr.

The Patent, Trademark & Copyright Section of the Bar Association of the District of Columbia in support of neither party, Amicus Curiae, represented by Kelu Lu Sullivan

the United States, Amicus Curiae, represented by Edwin S. Kneedler

Time Warner Inc. and Warner Bros. Entertainment Inc., Amicus Curiae, represented by Paul T. Cappuccio

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

Viacom, Inc., et al., Amicus Curiae, represented by Kelly M. Klaus

Washington Legal Foundation Washington Legal Foundation, Amicus Curiae, represented by Cory L. Andrews

 
Last updated: February 16, 2016