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Docket for 22-704
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Search documents in this case:
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
 
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 Document Proof 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 Request Proof 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)
Petition Proof 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 Document Certificate of Word Count Proof 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 Document Proof of Service Certificate 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 Document Certificate 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 Document Proof 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 Document Proof of Service
Aug 01 2023 Brief amicus curiae of Motion Picture Association, Inc. in support of neither party filed.
Main Document Certificate of Word Count Proof of Service
Aug 01 2023 Brief amicus curiae of Matthew A. Handal in support of neither party filed.
Main Document Proof of Service Certificate of Word Count
Aug 01 2023 Brief amicus curiae of The International Trademark Association filed.
Main Document Certificate of Word Count Proof of Service
Aug 01 2023 Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Main Document Certificate of Word Count Proof of Service
Aug 01 2023 Brief amicus curiae of Public Citizen filed.
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof of Service
Sep 05 2023 Brief amicus curiae of Samuel F. Ernst filed.
Main Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof 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.
Oct 05 2023 Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
Main Document Proof of Service
Nov 01 2023 Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan E. Taylor, Washington, D. C.
Jun 13 2024 Judgment REVERSED. Thomas, J., announced the judgment of the Court and delivered the opinion of the Court, except as to Part III. Alito and Gorsuch, JJ., joined that opinion in full; Roberts, C. J., and Kavanaugh, J., joined all but Part III; and Barrett, J., joined Parts I, II–A, and II–B. Kavanaugh, J., filed an opinion concurring in part, in which Roberts, C. J., joined. Barrett, J., filed an opinion concurring in part, in which Kagan, J., joined, in which Sotomayor, J., joined as to Parts I, II, and III–B, and in which Jackson, J., joined as to Parts I and II. Sotomayor, J., filed an opinion concurring in the judgment, in which Kagan and Jackson, JJ., joined.
Jul 15 2024 Judgment Issued.
Main Document
Attorneys
Attorneys for Petitioners
Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office


Attorneys for Respondents
Jonathan Ellis Taylor
Counsel of Record
Gupta Wessler PLLC
2001 K Street NW
Suite 850 North
Washington, DC 20006

JON@GUPTAWESSLER.COM
Ph: 2028881741
Party name: Steve Elster


Other Attorneys
James D. Crowne
Counsel of Record
[Self employed]
12102 Lerner Place
Bowie, MD 20715

JDCROWNE@OUTLOOK.COM
Ph: 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
Ph: (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
Ph: 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
Ph: 2025887725
Party name: Public Citizen


Christopher George Michel
Counsel of Record
Quinn Emanuel Urquhart & Sullivan, LLP
1300 I St. NW
Suite 900
Washington, DC 20005

CHRISTOPHERMICHEL@QUINNEMANUEL.COM
Ph: 202-538-8308
Party name: Foundation for Individual Rights and Expression


Jonathan E. Moskin
Counsel of Record
Foley & Lardner LL P
99 Park Avenue
New York, NY 10016

jmoskin@foley.com
Ph: 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
Ph: 8189069667
Party name: Matthew A. Handal


 

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