| No. 22-704 | |
| Title: | Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office, Petitioner v. Steve Elster |
| Docketed: | January 27, 2023 |
| Linked with 22A442 | |
| Lower Ct: | United States Court of Appeals for the Federal Circuit |
| Case Numbers: | (2020-2205) |
| Decision Date: | February 24, 2022 |
| Rehearing Denied: | August 31, 2022 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Nov 17 2022 | Application (22A442) to extend the time to file a petition for a writ of certiorari from November 29, 2022 to December 29, 2022, submitted to The Chief Justice. |
| Main DocumentProof of Service | |
| Nov 18 2022 | Application (22A442) granted by The Chief Justice extending the time to file until December 29, 2022. |
| Dec 19 2022 | Application (22A442) to extend further the time from December 29, 2022 to January 27, 2023, submitted to The Chief Justice. |
| Written RequestProof of Service | |
| Dec 20 2022 | Application (22A442) granted by The Chief Justice extending the time to file until January 27, 2023. |
| Jan 27 2023 | Petition for a writ of certiorari filed. (Response due February 27, 2023) |
| PetitionProof of Service | |
| Feb 15 2023 | Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk. |
| Main Document | |
| Feb 16 2023 | Motion to extend the time to file a response is granted and the time is further extended to and including March 29, 2023. |
| Feb 21 2023 | Brief amicus curiae of Matthew A. Handal filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 24 2023 | Motion to extend the time to file a response from March 29, 2023 to April 11, 2023, submitted to The Clerk. |
| Main Document | |
| Mar 27 2023 | Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2023. |
| Apr 06 2023 | Motion to extend the time to file a response from April 11, 2023 to April 25, 2023, submitted to The Clerk. |
| Main Document | |
| Apr 07 2023 | Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2023. |
| Apr 25 2023 | Brief of respondent Steve Elster in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| May 09 2023 | DISTRIBUTED for Conference of 5/25/2023. |
| May 09 2023 | Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| May 30 2023 | DISTRIBUTED for Conference of 6/1/2023. |
| Jun 05 2023 | Petition GRANTED. |
| Jun 22 2023 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 10 2023 | Motion to extend the time to file the joint appendix and petitioner's brief on the merits is extended to and including July 25, 2023. The time to file respondent's brief on the merits is extended to and including August 29, 2023. |
| Jul 12 2023 | Motion to dispense with printing the joint appendix filed by petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office. |
| Main DocumentProof of Service | |
| Jul 25 2023 | Brief of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed. |
| Main DocumentProof of Service | |
| Aug 01 2023 | Brief amicus curiae of Motion Picture Association, Inc. in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 01 2023 | Brief amicus curiae of Matthew A. Handal in support of neither party filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 01 2023 | Brief amicus curiae of The International Trademark Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 01 2023 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 01 2023 | Brief amicus curiae of Public Citizen filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 14 2023 | Motion of respondent for a further extension of time filed. |
| Main Document | |
| Aug 15 2023 | Motion of respondent for a further extension of time to file respondent's brief on the merits is granted and the time is extended to and including September 5, 2023. |
| Aug 21 2023 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Sep 05 2023 | Brief of respondent Steve Elster filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 05 2023 | Brief amicus curiae of Samuel F. Ernst filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 06 2023 | SET FOR ARGUMENT on Wednesday, November 1, 2023. |
| Sep 06 2023 | Record requested from the United States Court of Appeals for the Federal Circuit. |
| Sep 12 2023 | Brief amici curiae of Foundation for Individual Rights and Expression and Manhattan Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2023 | CIRCULATED |
| Sep 20 2023 | Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office | ||
| Attorneys for Respondent | ||
| Jonathan Ellis Taylor Counsel of Record | Gupta Wessler PLLC 2001 K Street NW Suite 850 North Washington, DC 20006 JON@GUPTAWESSLER.COM | 2028881741 |
| Party name: Steve Elster | ||
| Other | ||
| Christopher George Michel Counsel of Record | Quinn Emanuel Urquhart & Sullivan, LLP 1300 I St. NW Suite 900 Washington, DC 20005 CHRISTOPHERMICHEL@QUINNEMANUEL.COM | 202-538-8308 |
| Party name: Foundation for Individual Rights and Expression | ||
| James D. Crowne Counsel of Record | [Self employed] 12102 Lerner Place Bowie, MD 20715 JDCROWNE@OUTLOOK.COM | 301-602-4934 |
| Party name: American Intellectual Property Law Association | ||
| Samuel Frederick Ernst Counsel of Record | Golden Gate University School of Law 536 Mission Street San Francisco, CA 94105 samernst7777@gmail.com | (650) 302-2504 |
| Party name: Samuel F. Ernst | ||
| Susan J. Kohlmann Counsel of Record | Jenner & Block LLP 1155 Avenue of the Americas New York, NY 10036 SKOHLMANN@JENNER.COM | 212-891-1600 |
| Party name: Motion Picture Association, Inc. | ||
| Paul Alan Levy Counsel of Record | Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 PLEVY@CITIZEN.ORG | 2025887725 |
| Party name: Public Citizen | ||
| Jonathan E. Moskin Counsel of Record | Foley & Lardner LL P 99 Park Avenue New York, NY 10016 jmoskin@foley.com | 212-682-7474 |
| Party name: The International Trademark Association | ||
| Brian Alan Ross Counsel of Record | Ross Legal Corporation 16133 Ventura Boulevard, Penthouse Encino, CA 91436 BRIAN@ROSSLEGALCORP.COM | 8189069667 |
| Party name: Matthew A. Handal | ||