No. 21-1043
Abitron Austria GmbH, et al. v. Hetronic International, Inc.
Tags: civil-procedure extraterritorial-application extraterritoriality foreign-sales lanham-act territorial-rights trademark trademark-infringement u.s.-commerce us-commerce
Key Terms:
Antitrust DueProcess Trademark Patent Copyright JusticiabilityDoctri
Antitrust DueProcess Trademark Patent Copyright JusticiabilityDoctri
Latest Conference:
2022-11-04
(distributed 3 times)
Question Presented (from Petition)
Whether the court of appeals erred in applying the Lanham Act extraterritorially to petitioners' foreign sales, including purely foreign sales that never reached the United States or confused U.S. consumers.
Question Presented (AI Summary)
Whether the court of appeals erred in applying the Lanham Act extraterritorially to petitioners' foreign sales, including purely foreign sales that never reached the United States or confused U.S. consumers
Docket Entries
2023-07-31
Judgment issued.
2023-06-29
Judgment VACATED and case REMANDED. Alito, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1043_7648.pdf'>opinion</a> 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.
2023-03-21
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.
2023-02-27
Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed)
2023-02-27
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.
2023-02-03
Joint appendix filed. (Statement of costs filed). (Distributed)
2023-02-03
Brief amicus curiae of American Bar Association filed. (Distributed)
2023-02-01
Brief amicus curiae of Stussy, Inc. filed. (Distributed)
2023-01-31
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.
2023-01-31
SET FOR ARGUMENT on Tuesday, March 21, 2023.
2023-01-27
Brief of respondent Hetronic International, Inc. filed. (Distributed)
2023-01-18
The deferred joint appendix is to be filed on or before February 3, 2023.
2023-01-17
CIRCULATED
2023-01-12
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.
2023-01-11
Motion of respondent for an extension of time filed.
2023-01-06
REMOVED from the argument calendar for Wednesday, March 1, 2023.
2022-12-28
Record received from the U.S.D.C. Western District of Oklahoma. Sealed records transmitted electronically. The remaining record is available on PACER.
2022-12-27
Brief amici curiae of German Law Professors, et al. filed.
2022-12-27
Brief amici curiae of Three Intellectual Property Law Professors in support of neither party filed.
2022-12-27
Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed.
2022-12-27
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
2022-12-27
Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
2022-12-27
Brief amicus curiae of International Trademark Association in support of neither party filed.
2022-12-27
Brief amicus curiae of United States supporting neither party filed.
2022-12-27
Brief amicus curiae of Professor William S. Dodge in support of neither party filed.
2022-12-27
Brief amicus curiae of Professor Dr. Louis Pahlow filed.
2022-12-27
Brief amicus curiae of Professor Guido Westkamp filed.
2022-12-21
Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed.
2022-12-21
Record received from the U.S.C.A. Tenth Circuit. Sealed portions of Appendix transmitted electronically. The remaining record is available on PACER.
2022-12-20
Record requested from the U.S.C.A. for the Tenth Circuit.
2022-12-19
Brief of petitioners Abitron Austria GmbH, et al. filed.
2022-12-19
SET FOR ARGUMENT on Wednesday, March 1, 2023.
2022-12-13
The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4.
2022-12-09
Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed.
2022-12-02
Blanket Consent filed by Petitioner, Abitron Austria GmbH, et al.
2022-11-04
Petition GRANTED.
2022-10-31
DISTRIBUTED for Conference of 11/4/2022.
2022-10-13
Supplemental brief of petitioners Abitron Austria GmbH, et al. filed. (Distributed)
2022-10-12
DISTRIBUTED for Conference of 10/28/2022.
2022-10-12
Supplemental brief of respondent Hetronic International, Inc. filed. (Distributed)
2022-09-23
Brief amicus curiae of United States filed.
2022-05-02
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-04-13
DISTRIBUTED for Conference of 4/29/2022.
2022-04-12
Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed)
2022-04-01
Rule 29.6 Corporate Disclosure Statement filed with respect to Brief in Opposition of Respondent Hetronic International.
2022-03-28
Brief of respondent Hetronic International, Inc. in opposition filed.
2022-02-18
Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2022.
2022-02-17
Motion to extend the time to file a response from February 25, 2022 to March 28, 2022, submitted to The Clerk.
2022-01-21
Petition for a writ of certiorari filed. (Response due February 25, 2022)
2021-12-15
Application (21A153) granted by Justice Gorsuch extending the time to file until January 21, 2022.
2021-12-09
Application (21A153) to extend further the time from December 22, 2021 to January 21, 2022, submitted to Justice Gorsuch.
2021-11-15
Application (21A153) granted by Justice Gorsuch extending the time to file until December 22, 2021.
2021-11-11
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.
Attorneys
Abitron Austria GmbH, et al.
Jeffrey Alan Lamken — MoloLamken LLP, Petitioner
Lucas Michael Walker — MoloLamken LLP, Petitioner
American Bar Association
American Intellectual Property Law Association
Richard S. Stockton — Banner & Witcoff, Ltd., Amicus
European Commission on Behalf of the European Union
Federal Circuit Bar Association
Michael Robert Franzinger — Sidley Austin LLP, Amicus
German Law Professors
Hetronic International, Inc.
Matthew S. Hellman — Jenner & Block LLP, Respondent
Intellectual Property Owners Association
International Trademark Association
Lawrence K. Nodine — Ballard Spahr, LLP, Amicus
Professor Dr Louis Pahlow
Paul F. Enzinna — Ellerman Enzinna PLLC, Amicus
Professor Guido Westkamp
Professor William S. Dodge
Stussy, Inc.
Three Intellectual Property Law Professors
United States
Elizabeth B. Prelogar — Amicus