No. 17-1594
 
Title: Return Mail, Inc., Petitioner
v.
United States Postal Service, et al.
Docketed: May 24, 2018
Linked with: 17A879
Lower Ct: United States Court of Appeals for the Federal Circuit
   Case Numbers: (2016-1502)
   Decision Date: August 28, 2017
   Rehearing Denied: December 15, 2017
Questions Presented
 
Proceedings and Orders
Feb 16 2018 Application (17A879) to extend the time to file a petition for a writ of certiorari from March 15, 2018 to May 14, 2018, submitted to The Chief Justice.
Main Document Proof of Service Other Lower Court Orders/Opinions
Feb 28 2018 Application (17A879) granted by The Chief Justice extending the time to file until May 14, 2018.
May 14 2018 Petition for a writ of certiorari filed. (Response due June 25, 2018)
Jun 12 2018 Blanket Consent filed by Petitioner, Return Mail, Inc..
Jun 22 2018 Motion to extend the time to file a response from June 25, 2018 to July 25, 2018, submitted to The Clerk.
Jun 22 2018 Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2018.
Jun 25 2018 Brief amicus curiae of Kenneth O. Simon filed.
Jun 25 2018 Brief amici curiae of 15 Law Professors filed.
Jul 17 2018 Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk.
Jul 18 2018 Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2018.
Aug 13 2018 Motion to extend the time to file a response from August 24, 2018 to September 7, 2018, submitted to The Clerk.
Aug 13 2018 Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.
Sep 07 2018 Brief of respondents United States Postal Service, et al. in opposition filed.
Sep 21 2018 Reply of petitioner Return Mail, Inc. filed.
Sep 26 2018 DISTRIBUTED for Conference of 10/12/2018.
Oct 22 2018 DISTRIBUTED for Conference of 10/26/2018.
Oct 26 2018 Petition GRANTED limited to Question 1 presented by the petition.
Nov 26 2018 Motion to dispense with printing the joint appendix filed by petitioner Return Mail, Inc.
Dec 10 2018 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 10 2018 Brief of petitioner Return Mail, Inc. filed.
Dec 17 2018 Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Dec 17 2018 Brief amici curiae of The Cato Institute and Professor Gregory Dolin filed.
Dec 17 2018 Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Dec 17 2018 Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Dec 17 2018 Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Dec 17 2018 Brief amici curiae of Seven Law Professors filed.
Dec 17 2018 Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Dec 21 2018 SET FOR ARGUMENT on Wednesday, February 20, 2019.
Jan 09 2019 Brief of respondents United States Postal Service, et al. filed.
Jan 11 2019 Record requested from the U.S.C.A. Federal Circuit.
Jan 15 2019 CIRCULATED
Jan 15 2019 Brief amicus curiae of R Street Institute filed. (Distributed)
Jan 15 2019 Record from the U.S. Patent and Trademark Office is located on the U.S. Patent and Trademark Office web site. Instructions to access the record is electronic. The record is complete.
Jan 16 2019 Brief amicus curiae of Professor Tejas N. Narechania filed. (Distributed)
Jan 16 2019 Motion for leave to file amicus brief filed by Electronic Frontier Foundation.
Jan 23 2019 RESCHEDULED FOR ARGUMENT ON Tuesday, February 19, 2019.
Jan 23 2019 Record from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.
Feb 08 2019 Reply of petitioner Return Mail, Inc. filed. (Distributed)
Feb 19 2019 Motion for leave to file amicus brief filed by Electronic Frontier Foundation GRANTED.
Feb 19 2019 Argued. For petitioner: Beth S. Brinkmann, Washington, D. C. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 10 2019 Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined.
Jul 12 2019 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Richard L. Rainey
Counsel of Record
Covington and Burling LLP
One City Center 850 Tenth Street NW
Washington, DC 20001-4956

rrainey@cov.com
Ph: 202-662-5565
Party name: Return Mail, Inc.


Attorneys for Respondents
Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: United States Postal Service, et al.


Other Attorneys
Gregory Andrew Castanias
Counsel of Record
Jones Day
51 Louisiana Ave., NW
Washington, DC 20001

gcastanias@jonesday.com
Ph: (202) 879-3939
Party name: The Cato Institute and Professor Gregory Dolin


Jonathan Goldman Cedarbaum
Counsel of Record
WilmerHale
1875 Pennsylvania Ave., NW
Washington, DC 20006

jonathan.cedarbaum@wilmerhale.com
Ph: (202) 663-6000
Party name: Pharmaceutical Research and Manufacturers of America


Lauren A. Degnan
Counsel of Record
Fish & Richardson, P.C.
1000 Maine Ave. Suite 1000
Washington, DC 20024

LAD@FR.COM
Ph: 2027835070
Party name: Intellectual Property Owners Association


Matthew James Dowd
Counsel of Record
Dowd Scheffel PLLC
1717 Pennsylvania Avenue, NW Suite 1025
Washington, DC 20006

mdowd@dowdscheffel.com
Ph: 202-559-9175
Party name: 15 Law Professors


Matthew James Dowd
Counsel of Record
Dowd Scheffel PLLC
1717 Pennsylvania Avenue, NW Suite 1025
Washington, DC 20006

mdowd@dowdscheffel.com
Ph: 202-559-9175
Party name: Seven Law Professors


Charles Robert Macedo
Counsel of Record
Amster, Rothstein & Ebenstein LLP
405 Lexington Avenue
New York, NY 10174

cmacedo@arelaw.com
Ph: 2123368000
Party name: NEW YORK INTELLECTUAL PROPERTY LAW ASSOCIATION


Ralph Stanley Morris
Counsel of Record
Cartee & Morris LLC
2325 HENRY ST.
Guntersville, AL 35976

stan@carteemorris.com
Ph: (256) 582-9500
Party name: Kenneth O. Simon


Pratik Arvind Shah
Counsel of Record
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, DC 20006

PSHAH@AKINGUMP.COM
Ph: 202-887-4000
Party name: Chamber of Commerce of the United States of America


Blair Alexander Silver
Counsel of Record
Banner & Witcoff, Ltd.
1100 13th Street NW
Suite 1200
Washington, DC 20005-4051

bsilver@bannerwitcoff.com
Ph: 202-824-3000
Party name: American Intellectual Property Law Association


Sarah Gardner Boyce
NC Department of Justice
Post Office Box 629
Raleigh, NC 27602

sboyce@ncdoj.gov
Ph: 9197166400
Party name: PROFESSOR TEJAS N. NARECHANIA


Charles Duan
American University Washington College of Law
4300 Nebraska Avenue NW
Washington, DC 20016

supremecourt.gov@cduan.com
Ph: (202) 274-4124
Party name: R Street Institute


Alexandra Helen Moss
Electronic Frontier Foundation
815 Eddy Street
San Francisco, CA 94109

alex@eff.org
Ph: 4154369333
Party name: ELECTRONIC FRONTIER FOUNDATION