Decided

No. 21-1043

Abitron Austria GmbH, et al. v. Hetronic International, Inc.

from the United States Court of Appeals for the Tenth Circuit

See other cases from the Tenth Circuit.

Docket Entries

Judgment issued.

Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Thomas, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Sotomayor, J., filed an opinion concurring in the judgment, in which Roberts, C. J., and Kagan and Barrett, JJ., joined.

Argued. For petitioners: Lucas M. Walker, Washington, D. C. For United States, as amicus curiae: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Matthew S. Hellman, Washington, D. C.

Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed)

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

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

Joint appendix filed. (Statement of costs filed). (Distributed)

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

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

SET FOR ARGUMENT on Tuesday, March 21, 2023.

Brief of respondent Hetronic International, Inc. filed. (Distributed)

The deferred joint appendix is to be filed on or before February 3, 2023.

CIRCULATED

Motion of respondent for an extension of time to file respondent's brief on the merits granted and the time is extended to and including January 27, 2023.

Motion of respondent for an extension of time filed.

REMOVED from the argument calendar for Wednesday, March 1, 2023.

Record received from the U.S.D.C. Western District of Oklahoma. Sealed records transmitted electronically. The remaining record is available on PACER.

Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed.

Brief amici curiae of Three Intellectual Property Law Professors in support of neither party filed.

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

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

Brief amicus curiae of International Trademark Association in support of neither party filed.

Brief amicus curiae of Professor William S. Dodge in support of neither party filed.

Brief amicus curiae of Professor Dr. Louis Pahlow filed.

Brief amicus curiae of United States supporting neither party filed.

Brief amicus curiae of Professor Guido Westkamp filed.

Brief amici curiae of German Law Professors, et al. filed.

Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed.

SET FOR ARGUMENT on Wednesday, March 1, 2023.

The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4.

Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed.

Blanket Consent filed by Petitioner, Abitron Austria GmbH, et al.

Petition GRANTED.

DISTRIBUTED for Conference of 11/4/2022.

Supplemental brief of petitioners Abitron Austria GmbH, et al. filed. (Distributed)

Supplemental brief of respondent Hetronic 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.

DISTRIBUTED for Conference of 4/29/2022.

Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed)

Rule 29.6 Corporate Disclosure Statement filed with respect to Brief in Opposition of Respondent Hetronic International.

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

Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2022.

Motion to extend the time to file a response from February 25, 2022 to March 28, 2022, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due February 25, 2022)

Application (21A153) granted by Justice Gorsuch extending the time to file until January 21, 2022.

Application (21A153) to extend further the time from December 22, 2021 to January 21, 2022, submitted to Justice Gorsuch.

Application (21A153) granted by Justice Gorsuch extending the time to file until December 22, 2021.

Application (21A153) to extend the time to file a petition for a writ of certiorari from November 22, 2021 to January 21, 2022, submitted to Justice Gorsuch.

Parties

Abitron Austria GmbH, et al., Petitioner, represented by Lucas Michael Walker

Abitron Austria GmbH, et al., Petitioner, represented by Jeffrey Alan Lamken

Hetronic International, Inc., Respondent, represented by Matthew S. Hellman

Amici Curiae

American Bar Association, Amicus Curiae, represented by Deborah Delores Enix-Ross

American Intellectual Property Law Association, Amicus Curiae, represented by Richard S. Stockton

European Commission on Behalf of the European Union, Amicus Curiae, represented by Neil Anthony Friedman Popovic

German Law Professors, Amicus Curiae, represented by John Lee Shepherd Jr.

Intellectual Property Owners Association, Amicus Curiae, represented by Theodore H. Davis Jr.

International Trademark Association, Amicus Curiae, represented by Lawrence K. Nodine

Professor Dr Louis Pahlow, Amicus Curiae, represented by Paul F. Enzinna

Professor Guido Westkamp, Amicus Curiae, represented by William James Cooper

Professor William S. Dodge, Amicus Curiae, represented by Michael R. Dreeben

Three Intellectual Property Law Professors, Amicus Curiae, represented by Timothy R. Holbrook

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

 
Last updated: November 21, 2024