Decided

No. 13-720

Stephen Kimble, et al. v. Marvel Entertainment, LLC, Successor to Marvel Enterprises, Inc.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Scalia, Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined.

Argued. For petitioners: Roman Melnik, Los Angeles, Cal. For respondent: Thomas G. Saunders, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Reply of petitioners Stephen Kimble, et al. filed. (Distributed)

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

Letter from counsel for respondent opposing petitioner's lodging proposal.

Brief amicus curiae of United States filed. (Distributed)

Brief amicus curiae of Washington Legal Foundation filed. (Distributed)

Brief amicus curiae of William Mitchell College of Law Intellectual Property Institute filed. (Distributed)

Proposal to lodge copies of two letters from counsel for petitioners.

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

Brief amicus curiae of Public Knowledge filed. (Distributed)

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

Brief of respondent Marvel Enterprises, Inc. filed. (Distributed)

CIRCULATED

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

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

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

Brief amicus curiae of University of Massachusetts Biologic Laboratories filed.

Brief amicus curiae of BioTime, Inc. filed.

Brief amici curiae of Professor Robin Feldman, et al. in support of neither party filed.

Brief amici curiae of Center for Intellectual Property Research of the Indiana University Maurer School of Law, et al. filed.

Brief amicus curiae of Intellectual Property Owners Association filed.

Brief amici curiae of the Intellectual Property Law Association of Chicago in support of neither party filed.

Brief amici curiae of Memorial Sloan-Kettering Cancer Center, et al. filed.

Record requested from U.S.C.A. 9th Circuit.

Brief amicus curiae of Association of the Bar of the City of New York in support of neither party filed.

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

SET FOR ARGUMENT ON Tuesday, March 31, 2015

Brief of petitioners Stephen Kimble, et al. filed.

Joint appendix filed. (Statement of costs filed)

The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 28, 2015.

Petition GRANTED.

DISTRIBUTED for Conference of December 12, 2014.

DISTRIBUTED for Conference of December 5, 2014.

Supplemental brief of petitioners Stephen Kimble, et al. 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.

DISTRIBUTED for Conference of May 29, 2014.

Brief of respondent Marvel Enterprises, Inc. in opposition filed.

Order further extending time to file response to petition to and including April 23, 2014.

Brief amici curiae of Memorial Sloan-Kettering Cancer Center, et al. filed.

Brief amicus curiae of The Intellectual Property Law Association of Chicago filed.

Order further extending time to file response to petition to and including March 27, 2014.

Order extending time to file response to petition to and including March 26, 2014.

Response Requested . (Due February 24, 2014)

DISTRIBUTED for Conference of February 21, 2014.

Brief amici curiae of Center for Intellectual Property Research of the Indiana University Maurer School of Law, et al. filed.

Waiver of right of respondent Marvel Enterprises, Inc. to respond filed.

Petition for a writ of certiorari filed. (Response due January 16, 2014)

Application (13A304) granted by Justice Kennedy extending the time to file until December 13, 2013.

Application (13A304) to extend the time to file a petition for a writ of certiorari from October 14, 2013 to December 13, 2013, submitted to Justice Kennedy.

Parties

Stephen Kimble, et al., Petitioner, represented by Roman Melnik

Marvel Entertainment, LLC, Successor to Marvel Enterprises, Inc., Respondent, represented by Seth P. Waxman

Marvel Entertainment, LLC, Successor to Marvel Enterprises, Inc., Respondent, represented by David Fleischer

Marvel Entertainment, LLC, Successor to Marvel Enterprises, Inc., Respondent, represented by Thomas G. Saunders

Amici Curiae

American Intellectual Property Law Association in support of neither party, Amicus Curiae, represented by Paul M. Smith

Association of the Bar of the City of New York in support of neither party, Amicus Curiae, represented by Fiona A. Schaeffer

BioTime, Inc., Amicus Curiae, represented by Robert H. Stier Jr.

Center for Intellectual Property Research of the Indiana University Maurer School of Law, et al., Amicus Curiae, represented by Mark David Janis

Intellectual Property Law Association of Chicago in support of neither party, Amicus Curiae, represented by David L. Applegate

Intellectual Property Owners Association, Amicus Curiae, represented by Robert P. Taylor

Licensing Executives Society (U.S.A. and Canada), Inc. in support of neither party, Amicus Curiae, represented by Brian P. O'Shaughnessy

Memorial Sloan-Kettering Cancer Center, et al., Amicus Curiae, represented by Harvey M. Stone

Nautilus, Inc., Amicus Curiae, represented by David Lieberworth

New York Intellectual Property Law Association ("NYIPLA"), Amicus Curiae, represented by Jeffrey I. D. Lewis

Professor Robin Feldman, et al. in support of neither party, Amicus Curiae, represented by Robin C. Feldman

Public Knowledge, Amicus Curiae, represented by Charles Duan

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

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

University of Massachusetts Biologic Laboratories, Amicus Curiae, represented by Donald R. Ware

Washington Legal Foundation, Amicus Curiae, represented by Richard A. Samp

William Mitchell College of Law Intellectual Property Institute, Amicus Curiae, represented by R. Carl Moy

 
Last updated: February 16, 2016