| No. 21-1043 |
|
| Title: |
Abitron Austria GmbH, et al., Petitioners v. Hetronic International, Inc. |
| Docketed: | January 26, 2022 |
| Linked with: | 21A153 |
| Lower Ct: | United States Court of Appeals for the Tenth Circuit |
| Case Numbers: | (20-6057, 20-6100) |
| Decision Date: | August 24, 2021 |
| Questions Presented | |
| Nov 11 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. Main Document Proof of Service |
| Nov 15 2021 | Application (21A153) granted by Justice Gorsuch extending the time to file until December 22, 2021. |
| Dec 09 2021 | Application (21A153) to extend further the time from December 22, 2021 to January 21, 2022, submitted to Justice Gorsuch. Written Request Proof of Service |
| Dec 15 2021 | Application (21A153) granted by Justice Gorsuch extending the time to file until January 21, 2022. |
| Jan 21 2022 | Petition for a writ of certiorari filed. (Response due February 25, 2022) Petition Certificate of Word Count Proof of Service |
| Feb 17 2022 | Motion to extend the time to file a response from February 25, 2022 to March 28, 2022, submitted to The Clerk. Main Document |
| Feb 18 2022 | Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2022. |
| Mar 28 2022 | Brief of respondent Hetronic International, Inc. in opposition filed. Main Document Proof of Service Certificate of Word Count |
| Apr 01 2022 | Rule 29.6 Corporate Disclosure Statement filed with respect to Brief in Opposition of Respondent Hetronic International. Main Document Proof of Service |
| Apr 12 2022 | Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Apr 13 2022 | DISTRIBUTED for Conference of 4/29/2022. |
| May 02 2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Sep 23 2022 | Brief amicus curiae of United States filed. Main Document Certificate of Word Count |
| Oct 12 2022 | DISTRIBUTED for Conference of 10/28/2022. |
| Oct 12 2022 | Supplemental brief of respondent Hetronic International, Inc. filed. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Oct 13 2022 | Supplemental brief of petitioners Abitron Austria GmbH, et al. filed. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Oct 31 2022 | DISTRIBUTED for Conference of 11/4/2022. |
| Nov 04 2022 | Petition GRANTED. |
| Dec 02 2022 | Blanket Consent filed by Petitioner, Abitron Austria GmbH, et al. Blanket Consent |
| Dec 09 2022 | Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed. Main Document |
| Dec 13 2022 | The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4. |
| Dec 19 2022 | SET FOR ARGUMENT on Wednesday, March 1, 2023. |
| Dec 19 2022 | Brief of petitioners Abitron Austria GmbH, et al. filed. Main Document Certificate of Word Count Proof of Service |
| Dec 20 2022 | Record requested from the U.S.C.A. for the Tenth Circuit. |
| Dec 21 2022 | Record received from the U.S.C.A. Tenth Circuit. Sealed portions of Appendix transmitted electronically. The remaining record is available on PACER. |
| Dec 21 2022 | Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed. Main Document Proof of Service Certificate of Word Count |
| Dec 27 2022 | Brief amici curiae of German Law Professors, et al. filed. Main Document Certificate of Word Count Proof of Service |
| Dec 27 2022 | Brief amicus curiae of Professor Guido Westkamp filed. Main Document Certificate of Word Count Proof of Service |
| Dec 27 2022 | Brief amicus curiae of Professor Dr. Louis Pahlow filed. Main Document Certificate of Word Count Proof of Service |
| Dec 27 2022 | Brief amicus curiae of Professor William S. Dodge in support of neither party filed. Main Document Certificate of Word Count Proof of Service |
| Dec 27 2022 | Brief amicus curiae of United States supporting neither party filed. Main Document Certificate of Word Count |
| Dec 27 2022 | Brief amicus curiae of International Trademark Association in support of neither party filed. Main Document Certificate of Word Count Proof of Service |
| Dec 27 2022 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. Main Document Certificate of Word Count Proof of Service |
| Dec 27 2022 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. Main Document Certificate of Word Count Proof of Service |
| Dec 27 2022 | Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed. Main Document Certificate of Word Count Proof of Service |
| Dec 27 2022 | Brief amici curiae of Three Intellectual Property Law Professors in support of neither party filed. Main Document Certificate of Word Count Proof of Service |
| Dec 28 2022 | Record received from the U.S.D.C. Western District of Oklahoma. Sealed records transmitted electronically. The remaining record is available on PACER. |
| Jan 06 2023 | REMOVED from the argument calendar for Wednesday, March 1, 2023. |
| Jan 11 2023 | Motion of respondent for an extension of time filed. Main Document |
| Jan 12 2023 | 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. |
| Jan 17 2023 | CIRCULATED |
| Jan 18 2023 | The deferred joint appendix is to be filed on or before February 3, 2023. |
| Jan 27 2023 | Brief of respondent Hetronic International, Inc. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Jan 31 2023 | SET FOR ARGUMENT on Tuesday, March 21, 2023. |
| Jan 31 2023 | 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. Proof of Service Main Document |
| Feb 01 2023 | Brief amicus curiae of Stussy, Inc. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Feb 03 2023 | Brief amicus curiae of American Bar Association filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Feb 03 2023 | Joint appendix filed. (Statement of costs filed). (Distributed) Main Document Proof of Service |
| Feb 27 2023 | 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. |
| Feb 27 2023 | Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Mar 21 2023 | 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. |
| Jun 29 2023 | 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. |
| Jul 31 2023 | Judgment issued. Main Document |