No. 24-916

Koss Corporation v. Bose Corporation

Lower Court: Federal Circuit
Docketed: 2025-02-25
Status: Denied
Type: Paid
Response Waived
Tags: collateral-estoppel dismissal-stipulation federal-circuit non-merits-determination patent-claims rule-12(b)(6)
Latest Conference: 2025-03-21
Question Presented (from Petition)

When a district court grants a Rule -12(b)(6) motion to dismiss but does so without prejudice and with leave to amend, may that non-merits deter mination be given collateral -estoppel effect on the theory that it merged into a later with -prejudice dismissal stipulation?

Question Presented (AI Summary)

When a district court grants a Rule-12(b)(6) motion to dismiss but does so without prejudice and with leave to amend, may that non-merits determination be given collateral-estoppel effect on the theory that it merged into a later with-prejudice dismissal stipulation?

Docket Entries

2025-03-24
Petition DENIED.
2025-03-05
DISTRIBUTED for Conference of 3/21/2025.
2025-02-25
Waiver of Bose Corp. of right to respond submitted.
2025-02-25
Waiver of right of respondent Bose Corp. to respond filed.
2025-02-21
Petition for a writ of certiorari filed. (Response due March 27, 2025)
2024-12-12
Application (24A577) granted by The Chief Justice extending the time to file until February 27, 2025.
2024-12-09
Application (24A577) to extend the time to file a petition for a writ of certiorari from December 29, 2024 to February 27, 2025, submitted to The Chief Justice.

Attorneys

Bose Corp.
Nathan R. SpeedWolf, Greenfield & Sacks, P.C., Respondent
Koss Corporation
David R. FineK & L Gates LLP, Petitioner