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Abitron Austria GmbH v. Hetronic International, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1043 | 10th Cir. |
Mar 21, 2023 |
TBD | TBD | TBD | OT 2022 |
Issue: Whether the U.S. Court of Appeals for the 10th Circuit erred in applying the Lanham Act, which provides civil remedies for infringement of U.S. trademarks, extraterritorially to Abitron Austria GmbH's foreign sales, including purely foreign sales that never reached the United States or confused U.S. consumers.
SCOTUSblog Coverage
- Justices to consider international reach of U.S. trademark law (Minyao Wang, March 20, 2023)
- Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
- Court schedules February arguments on student-loan relief, tech companies’ liability (Amy Howe, December 19, 2022)
- Justices grant review in cases on patents, trademarks, and water rights for Native Americans (Amy Howe, November 4, 2022)
- Intellectual property and Navajo water rights (John Elwood, November 2, 2022)
- Trademark infringement and procedural rules (Andrew Hamm, February 4, 2022)
| Date | Proceedings and Orders |
|---|---|
| Nov 11 2021 | 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. |
| Nov 15 2021 | Application (21A153) granted by Justice Gorsuch extending the time to file until December 22, 2021. |
| Dec 09 2021 | Application (21A153) to extend further the time from December 22, 2021 to January 21, 2022, submitted to Justice Gorsuch. |
| Dec 15 2021 | Application (21A153) granted by Justice Gorsuch extending the time to file until January 21, 2022. |
| Jan 21 2022 | Petition for a writ of certiorari filed. (Response due February 25, 2022) |
| Feb 17 2022 | Motion to extend the time to file a response from February 25, 2022 to March 28, 2022, submitted to The Clerk. |
| Feb 18 2022 | Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2022. |
| Mar 28 2022 | Brief of respondent Hetronic International, Inc. in opposition filed. |
| Apr 01 2022 | Rule 29.6 Corporate Disclosure Statement filed with respect to Brief in Opposition of Respondent Hetronic International. |
| Apr 12 2022 | Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed) |
| Apr 13 2022 | DISTRIBUTED for Conference of 4/29/2022. |
| May 02 2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Sep 23 2022 | Brief amicus curiae of United States filed. |
| Oct 12 2022 | DISTRIBUTED for Conference of 10/28/2022. |
| Oct 12 2022 | Supplemental brief of respondent Hetronic International, Inc. filed. (Distributed) |
| Oct 13 2022 | Supplemental brief of petitioners Abitron Austria GmbH, et al. filed. (Distributed) |
| Oct 31 2022 | DISTRIBUTED for Conference of 11/4/2022. |
| Nov 04 2022 | Petition GRANTED. |
| Dec 02 2022 | Blanket Consent filed by Petitioner, Abitron Austria GmbH, et al. |
| Dec 09 2022 | Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed. |
| Dec 13 2022 | The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4. |
| Dec 19 2022 | SET FOR ARGUMENT on Wednesday, March 1, 2023. |
| Dec 19 2022 | Brief of petitioners Abitron Austria GmbH, et al. filed. |
| Dec 20 2022 | Record requested from the U.S.C.A. for the Tenth Circuit. |
| Dec 21 2022 | Record received from the U.S.C.A. Tenth Circuit. Sealed portions of Appendix transmitted electronically. The remaining record is available on PACER. |
| Dec 21 2022 | Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed. |
| Dec 27 2022 | Brief amici curiae of German Law Professors, et al. filed. |
| Dec 27 2022 | Brief amicus curiae of Professor Guido Westkamp filed. |
| Dec 27 2022 | Brief amicus curiae of Professor Dr. Louis Pahlow filed. |
| Dec 27 2022 | Brief amicus curiae of Professor William S. Dodge in support of neither party filed. |
| Dec 27 2022 | Brief amicus curiae of United States supporting neither party filed. |
| Dec 27 2022 | Brief amicus curiae of International Trademark Association in support of neither party filed. |
| Dec 27 2022 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. |
| Dec 27 2022 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| Dec 27 2022 | Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed. |
| Dec 27 2022 | Brief amici curiae of Three Intellectual Property Law Professors in support of neither party filed. |
| Dec 28 2022 | Record received from the U.S.D.C. Western District of Oklahoma. Sealed records transmitted electronically. The remaining record is available on PACER. |
| Jan 06 2023 | REMOVED from the argument calendar for Wednesday, March 1, 2023. |
| Jan 11 2023 | Motion of respondent for an extension of time filed. |
| Jan 12 2023 | 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. |
| Jan 17 2023 | CIRCULATED |
| Jan 18 2023 | The deferred joint appendix is to be filed on or before February 3, 2023. |
| Jan 27 2023 | Brief of respondent Hetronic International, Inc. filed. (Distributed) |
| Jan 31 2023 | SET FOR ARGUMENT on Tuesday, March 21, 2023. |
| Jan 31 2023 | 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. |
| Feb 01 2023 | Brief amicus curiae of Stussy, Inc. filed. (Distributed) |
| Feb 03 2023 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Feb 03 2023 | Joint appendix filed. (Statement of costs filed). (Distributed) |
| Feb 27 2023 | 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. |
| Feb 27 2023 | Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed) |
| Mar 21 2023 | 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. |
