| No. 23-900 | |
| Title: | Dewberry Group, Inc., fka Dewberry Capital Corporation, Petitioner v. Dewberry Engineers Inc. |
| Docketed: | February 21, 2024 |
| Linked with 23A517 | |
| Lower Ct: | United States Court of Appeals for the Fourth Circuit |
| Case Numbers: | (22-1622, 22-1845) |
| Decision Date: | August 9, 2023 |
| Rehearing Denied: | September 19, 2023 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Dec 04 2023 | Application (23A517) to extend the time to file a petition for a writ of certiorari from December 18, 2023 to February 16, 2024, submitted to The Chief Justice. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Dec 11 2023 | Application (23A517) granted by The Chief Justice extending the time to file until February 16, 2024. |
| Feb 16 2024 | Petition for a writ of certiorari filed. (Response due March 22, 2024) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Feb 26 2024 | Waiver of right of respondent Dewberry Engineers Inc. to respond filed. |
| Main Document | |
| Feb 28 2024 | DISTRIBUTED for Conference of 3/15/2024. |
| Mar 07 2024 | Response Requested. (Due April 8, 2024) |
| Mar 13 2024 | Motion to extend the time to file a response from April 8, 2024 to May 8, 2024, submitted to The Clerk. |
| Main Document | |
| Mar 14 2024 | Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2024. |
| Apr 08 2024 | Brief amici curiae of Professors Samuel L. Bray and Paul B. Miller filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| May 08 2024 | Brief of respondent Dewberry Engineers Inc. in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word CountOther | |
| May 28 2024 | DISTRIBUTED for Conference of 6/13/2024. |
| May 28 2024 | Reply of petitioner Dewberry Group, Inc. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 17 2024 | DISTRIBUTED for Conference of 6/20/2024. |
| Jun 24 2024 | Petition GRANTED. |
| Jul 15 2024 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 18 2024 | Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2024. The time to file respondent's brief on the merits is extended to and including October 22, 2024. |
| Aug 30 2024 | Brief of petitioner Dewberry Group, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 30 2024 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Sep 04 2024 | Brief amicus curiae of Washington Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 06 2024 | Brief amicus curiae of The International Trademark Association in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 06 2024 | Brief amicus curiae of United States in support of neither party filed. |
| Main DocumentProof of Service | |
| Sep 06 2024 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 11 2024 | 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. |
| Main DocumentProof of Service | |
| Oct 18 2024 | SET FOR ARGUMENT on Wednesday, December 11, 2024. |
| Oct 22 2024 | CIRCULATED |
| Oct 22 2024 | Brief of respondent Dewberry Engineers Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 23 2024 | Record requested from the United States Court of Appeals for the Fourth Circuit. |
| Oct 29 2024 | Brief amici curiae of Intellectual Property Scholars, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 31 2024 | Record received electronically from the United States District Court for the Eastern District of Virginia and available with the Clerk. |
| Nov 04 2024 | 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. |
| Nov 04 2024 | Sealed material received electronically from the United States Court of Appeals for the Fourth Circuit and available with the Clerk. |
| Nov 21 2024 | Reply of petitioner Dewberry Group, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 11 2024 | Argued. For petitioner: Thomas G. Hungar, Washington, D. C. For United States, as amicus curiae: Nicholas S. Crown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Elbert Lin, Richmond, Va. |
| Feb 26 2025 | Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion. |
| Mar 31 2025 | Judgment Issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Helgi C. Walker Counsel of Record | Gibson, Dunn & Crutcher LLP 1700 M Street, NW Washington, DC 20036 hwalker@gibsondunn.com | (202) 955-8500 |
| Party name: Dewberry Group, Inc. | ||
| Attorneys for Respondent | ||
| Elbert Lin Counsel of Record | Hunton Andrews Kurth LLP 951 E. Byrd Street Riverfront Plaza, East Tower Richmond, VA 23219-4074 ELIN@HUNTONAK.COM | 804-788-7202 |
| Party name: Dewberry Engineers Inc. | ||
| Other | ||
| Sarah M. Harris Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States | ||
| Megan Kathleen Bannigan Counsel of Record | Debevoise & Plimpton LLP 66 Hudson Boulevard New York, NY 10001 MKBANNIGAN@DEBEVOISE.COM | (212) 909-6000 |
| Party name: The International Trademark Association | ||
| Donald Burke Counsel of Record | Willkie Farr & Gallagher LLP 1875 K Street, N.W. Washington, DC 20006-1238 dburke@willkie.com | 202-303-1037 |
| Party name: Professors Samuel L. Bray and Paul B. Miller | ||
| Lauren Keller Katzenellenbogen Counsel of Record | Knobbe, Martens, Olson & Bear, LLP 2040 Main St., 14th Floor Irvine, CA 92614 lauren.katzenellenbogen@knobbe.com | (949) 760-0404 |
| Party name: American Intellectual Property Law Association | ||
| Jennifer Loraine Swize Counsel of Record | Jones Day 51 Louisiana Avenue, NW Washington, DC 20001 jswize@jonesday.com | 202-879-3939 |
| Party name: Intellectual Property Scholars Suneal Bedi, Mike Schuster, and Jake Linford | ||