|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-1817||3rd Cir.||N/A||N/A||N/A||N/A||OT 2021|
Issues: (1) Whether trade dress is “functional” if it is “essential to the use or purpose of the article” or “affects the cost or quality of the article,” as the Supreme Court and nine circuit courts have held, or if it is merely “useful” and “nothing more,” as the U.S. Court of Appeals for the 3rd Circuit held below; and (2) whether the presence of alternative designs serving the same use or purpose creates a question of fact with respect to functionality, where the product’s design does not affect cost or quality and is not claimed in a utility patent.
|Date||Proceedings and Orders |
|Jun 24 2021||Petition for a writ of certiorari filed. (Response due July 29, 2021)|
|Jul 19 2021||Motion to extend the time to file a response from July 29, 2021 to August 30, 2021, submitted to The Clerk.|
|Jul 20 2021||Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2021.|
|Jul 29 2021||Brief amicus curiae of Mondelez Global LLC filed.|
|Jul 29 2021||Brief amicus curiae of Intellectual Property Owners Association filed.|
|Jul 29 2021||Brief amicus curiae of American Intellectual Property Law Association filed.|
|Jul 29 2021||Brief amicus curiae of The International Trademark Association filed.|
|Aug 13 2021||Motion to extend the time to file a response from August 30, 2021 to September 29, 2021, submitted to The Clerk.|
|Aug 16 2021||Motion to extend the time to file a response is granted and the time is further extended to and including September 29, 2021.|
|Sep 29 2021||Brief of respondents Lotte International America Corp., et al. in opposition filed.|
|Oct 12 2021||Reply of petitioners Ezaki Glico Kabushiki Kaisha, d/b/a Ezaki Glico Co., Ltd., et al. filed. (Distributed)|
|Oct 13 2021||DISTRIBUTED for Conference of 10/29/2021.|
|Nov 01 2021||Petition DENIED.|
|Nov 23 2021||Petition for Rehearing filed.|
|Dec 01 2021||DISTRIBUTED for Conference of 1/7/2022.|
A majority of the Supreme Court seems inclined to uphold Mississippi's 15-week abortion law, but the six conservative justices appear divided about whether to entirely overrule Roe v. Wade. @AHoweBlogger's first take from this morning's argument:
Majority of court appears poised to uphold Mississippi’s ban on most abortions after 15 weeks - SCOTUSblog
It has been nearly 30 years since the Supreme Court’s decision in Planned Parenthood v. Casey, which reaffirme...
Starting momentarily: Oral argument in Dobbs v. Jackson Women’s Health Organization, a case involving Mississippi’s attempt to ban nearly all abortions after 15 weeks. The state has asked the court to overturn Roe v. Wade. We’ll be live-tweeting the argument here in this thread.
Twenty minutes before the start of oral argument, here’s the scene outside the Supreme Court.
Photos by @katieleebarlow.
TODAY AT SCOTUS: The case that could determine the future of abortion in America. Oral argument begins at 10 a.m. EST. We'll be live-tweeting the full argument. You can also listen live here: https://www.supremecourt.gov/oral_arguments/live.aspx.
Here's our preview from @AHoweBlogger: https://www.scotusblog.com/2021/11/roe-v-wade-hangs-in-balance-as-reshaped-court-prepares-to-hear-biggest-abortion-case-in-decades/
Our cross-platform coverage of Dobbs v. Jackson Women's Health Organization includes, of course, TikTok. Follow us there if you don't already! And tune in for @katieleebarlow's live dispatch from outside the court tomorrow morning at 9:30 a.m. EST.
SCOTUS was inundated with "friend of the court" briefs -- more than 140 of them -- in the abortion case being heard tomorrow. We reviewed them all. Here's a guide to the many arguments being pushed by academics, politicians, & interest groups in the case.
We read all the amicus briefs in Dobbs so you don’t have to - SCOTUSblog
More than 140 amicus briefs were filed in Dobbs v. Jackson Women’s Health Organization, the potentially momentou...