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Romag Fasteners Inc. v. Fossil Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
18-1233 Fed. Cir. Jan 14, 2020 Apr 23, 2020 9-0 Gorsuch OT 2019

Holding: A plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff"s trademark as a precondition to an award of profits.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Gorsuch on April 23, 2020. Justice Alito filed a concurring opinion, in which Justices Breyer and Kagan joined. Justice Sotomayor filed an opinion concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/22/2019Petition for a writ of certiorari filed. (Response due April 22, 2019)
04/02/2019Supplemental brief of petitioner Romag Fasteners, Inc. filed.
04/02/2019Motion to extend the time to file a response from April 22, 2019 to May 22, 2019, submitted to The Clerk.
04/04/2019Motion to extend the time to file a response is granted and the time is extended to and including May 22, 2019.
05/22/2019Brief of respondents Fossil, Inc., et al. in opposition filed.
05/30/2019Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
06/04/2019DISTRIBUTED for Conference of 6/20/2019.
06/04/2019Reply of petitioner Romag Fasteners, Inc. filed. (Distributed)
06/26/2019DISTRIBUTED for Conference of 6/27/2019.
06/28/2019Petition GRANTED.
07/12/2019Joint motion for an extension of time to file the briefs on the merits filed.
07/17/2019Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 13, 2019. The time to file respondents' brief on the merits is extended to and including November 26, 2019.
08/12/2019Blanket Consent filed by Petitioner, Romag Fasteners, Inc.
08/19/2019Blanket Consent filed by Respondent, Fossil, Inc., et al.
09/13/2019Brief of petitioner Romag Fasteners, Inc. filed.
09/13/2019Joint appendix filed.
09/19/2019Brief amicus curiae of The American Bar Association filed.
09/20/2019Brief amicus curiae of The American Intellectual Property Law Association in support of neither party filed.
09/20/2019Brief amicus curiae of International Trademark Association in support of neither party filed.
09/20/2019Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
09/20/2019Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
11/06/2019Motion for a further extension of time to file respondents' brief on the merits filed.
11/08/2019SET FOR ARGUMENT on Tuesday, January 14, 2020.
11/20/2019Motion to further extend the time to file respondents' brief on the merits is granted, and the time is extended to and including November 27, 2019.
11/26/2019CIRCULATED
11/27/2019Brief of respondents Fossil, Inc., et al. filed. (Distributed)
12/03/2019Record requested from the U.S.C.A. Federal Circuit.
12/04/2019Brief amici curiae of Intellectual Property Law Professors filed. (Distributed)
12/04/2019The record received from the U.S.C.A. Federal Circuit is electronic and located on PACER, this record is complete.
12/27/2019Reply of petitioner Romag Fasteners, Inc. filed. (Distributed)
01/14/2020Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondents: Neal K. Katyal, Washington, D. C.
04/23/2020Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Breyer, Alito, Kagan, and Kavanaugh, JJ., joined. Alito, J., filed a concurring opinion, in which Breyer and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment.
05/26/2020JUDGMENT ISSUED.