Editor's Note :

Editor's Note :

Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.

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Matal v. Tam

Docket No. Op. Below Argument Opinion Vote Author Term
15-1293 Fed. Cir. Jan 18, 2017
Tr.Aud.
Jun 19, 2017 8-0 Alito OT 2016

Holding: The disparagement clause of the Lanham Act violates the First Amendment's free speech clause.

Judgment: Affirmed, 8-0, in an opinion by Justice Alito on June 19, 2017. Justice Alito announced the judgment of the Supreme Court and delivered the opinion of the Supreme Court with respect to Parts I, II and III-A, in which all the justices joined except that Justice Thomas did not join Part II; Justice Alito also delivered an opinion with respect to Parts III-B, III-C and IV, in which Chief Justice Roberts and Justices Thomas and Breyer joined. Justice Kennedy filed an opinion concurring in part and concurring in the judgment, in which Justices Ginsburg, Sotomayor and Kagan joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 9 2016Application (15A925) to extend the time to file a petition for a writ of certiorari from March 21, 2016 to April 20, 2016, submitted to The Chief Justice.
Mar 10 2016Application (15A925) granted by The Chief Justice extending the time to file until April 20, 2016.
Apr 20 2016Petition for a writ of certiorari filed. (Response due May 20, 2016)
May 10 2016Order extending time to file response to petition to and including June 20, 2016.
Jun 20 2016Brief amicus curiae of Pro-Football, Inc.
Jun 20 2016Brief of respondent Simon Shiao Tam filed.
Jul 6 2016DISTRIBUTED for Conference of September 26, 2016.
Jul 12 2016Reply of petitioner Michelle K. Lee, Director, United States Patent and Trademark Office filed. (Distributed)
Sep 29 2016Petition GRANTED.
Sep 30 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Nov 9 2016Joint appendix filed.
Nov 9 2016Brief of petitioner Michelle K. Lee, Director, United States Patent and Trademark Office filed.
Nov 14 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Nov 15 2016Brief amici curiae of Amanda Blackhorse, et al. filed.
Nov 16 2016Brief amicus curiae of the American Bar Association, in support of neither party filed.
Nov 16 2016Brief amicus curiae of Public Citizen, Inc., in support of neither party filed.
Nov 16 2016Brief amici curiae of Native American Organizations filed.
Nov 16 2016Brief amici curiae of Law Professors filed.
Nov 16 2016Brief amici curiae of Asian Americans Advancing Justice, et al., in support of neither party filed.
Nov 16 2016Brief amici curiae of Fred T. Korematsu Center for Law and Equality, et al. filed.
Nov 18 2016Brief amicus curiae of American Intellectual Property Law Association, in support of neither party filed.
Nov 21 2016Brief amici curiae of Certain Members of Congress, in support of neither party filed.
Nov 21 2016Brief amicus curiae of Public Knowledge, in support of neither party filed.
Nov 21 2016Brief amicus curiae of New York Intellectual Property Law Association, in support of neither party filed.
Dec 5 2016SET FOR ARGUMENT on Wednesday, January 18, 2017.
Dec 7 2016Record requested from the U.S.C.A. Federal Circuit.
Dec 7 2016Brief amicus curiae of American Center for Law and Justice filed.
Dec 9 2016Brief of respondent Simon Shiao Tam filed. (Distributed)
Dec 13 2016CIRCULATED.
Dec 13 2016Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
Dec 14 2016Record received from the U.S. Patent and Trademark Office is electronic along with instructions for access. Part of this record is located on PACER.
Dec 14 2016Brief amici curiae of Constitutional Law Professors filed. (Distributed)
Dec 15 2016Brief amici curiae of Professors Edward Lee and Jake Linford filed. (Distributed)
Dec 16 2016Brief amicus curiae of Alliance Defending Freedom filed. (Distributed)
Dec 16 2016Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Dec 16 2016Brief amicus curiae of Pro-Football, Inc. filed. (Distributed)
Dec 16 2016Brief amicus curiae of Justice and Freedom Fund filed. (Distributed)
Dec 16 2016Brief amicus curiae of San Francisco Dykes on Bikes Women's Motorcycle Contingent, Inc. filed. (Distributed)
Dec 16 2016Brief amici curiae of The Thomas Jefferson Center for the Protection of Free Expression, et al. filed. (Distributed)
Dec 16 2016Brief amicus curiae of The American Jewish Committee filed. (Distributed)
Dec 16 2016Brief amici curiae of Rutherford Institute and Consumer's Research filed. (Distributed)
Dec 16 2016Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Dec 16 2016Brief amicus curiae of International Trademark Association filed. (Distributed)
Dec 16 2016Brief amici curiae of Cato Institute, et al. filed. (Distributed)
Dec 16 2016Brief amicus curiae of Becket Fund for Religious Liberty filed. (Distributed)
Dec 16 2016Brief amicus curiae of Professor Hugh C. Hansen filed. (Distributed)
Dec 16 2016Brief amici curiae of Law Professors Gregory Dolin, et al. filed. (Distributed)
Dec 16 2016Brief amicus curiae of Erik Brunetti filed. (Distributed)
Dec 16 2016Brief amicus curiae of First Amendment Lawyers Association filed. (Distributed)
Jan 9 2017Reply of petitioner Michelle K. Lee, Director, United States Patent and Trademark Office filed. (Distributed)
Jan 18 2017Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: John C. Connell, Haddonfield, N. J.
Jun 19 2017Adjudged to be AFFIRMED. Alito, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-A, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and in which Thomas, J., joined except for Part II, and an opinion with respect to Parts III-B, III-C, and IV, in which Roberts, C. J., and Thomas and Breyer, JJ., joined. Kennedy, J., filed an opinion concurring in part and concurring in the judgment, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., took no part in the consideration or decision of the case.
 
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