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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 Jun 29, 2023 9-0 Alito OT 2022

Holding: Applying the presumption against extraterritoriality, two provisions of the Lanham Act that prohibit trademark infringement, 15 U.S.C. §§ 1114(1)(a) and 1125(a)(1), are not extraterritorial and extend only to claims where the infringing "use in commerce" is domestic.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Alito on June 29, 2023. Justice Jackson filed a concurring opinion. Justice Sotomayor filed an opinion concurring in the judgment, in which Chief Justice Roberts and Justices Kagan and Barrett joined.

DateProceedings and Orders (key to color coding)
11/11/2021Application (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.
11/15/2021Application (21A153) granted by Justice Gorsuch extending the time to file until December 22, 2021.
12/09/2021Application (21A153) to extend further the time from December 22, 2021 to January 21, 2022, submitted to Justice Gorsuch.
12/15/2021Application (21A153) granted by Justice Gorsuch extending the time to file until January 21, 2022.
01/21/2022Petition for a writ of certiorari filed. (Response due February 25, 2022)
02/17/2022Motion to extend the time to file a response from February 25, 2022 to March 28, 2022, submitted to The Clerk.
02/18/2022Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2022.
03/28/2022Brief of respondent Hetronic International, Inc. in opposition filed.
04/01/2022Rule 29.6 Corporate Disclosure Statement filed with respect to Brief in Opposition of Respondent Hetronic International.
04/12/2022Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed)
04/13/2022DISTRIBUTED for Conference of 4/29/2022.
05/02/2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
09/23/2022Brief amicus curiae of United States filed.
10/12/2022DISTRIBUTED for Conference of 10/28/2022.
10/12/2022Supplemental brief of respondent Hetronic International, Inc. filed. (Distributed)
10/13/2022Supplemental brief of petitioners Abitron Austria GmbH, et al. filed. (Distributed)
10/31/2022DISTRIBUTED for Conference of 11/4/2022.
11/04/2022Petition GRANTED.
12/02/2022Blanket Consent filed by Petitioner, Abitron Austria GmbH, et al.
12/09/2022Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed.
12/13/2022The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4.
12/19/2022SET FOR ARGUMENT on Wednesday, March 1, 2023.
12/19/2022Brief of petitioners Abitron Austria GmbH, et al. filed.
12/20/2022Record requested from the U.S.C.A. for the Tenth Circuit.
12/21/2022Record received from the U.S.C.A. Tenth Circuit. Sealed portions of Appendix transmitted electronically. The remaining record is available on PACER.
12/21/2022Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed.
12/27/2022Brief amici curiae of German Law Professors, et al. filed.
12/27/2022Brief amicus curiae of Professor Guido Westkamp filed.
12/27/2022Brief amicus curiae of Professor Dr. Louis Pahlow filed.
12/27/2022Brief amicus curiae of Professor William S. Dodge in support of neither party filed.
12/27/2022Brief amicus curiae of United States supporting neither party filed.
12/27/2022Brief amicus curiae of International Trademark Association in support of neither party filed.
12/27/2022Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
12/27/2022Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
12/27/2022Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed.
12/27/2022Brief amici curiae of Three Intellectual Property Law Professors in support of neither party filed.
12/28/2022Record received from the U.S.D.C. Western District of Oklahoma. Sealed records transmitted electronically. The remaining record is available on PACER.
01/06/2023REMOVED from the argument calendar for Wednesday, March 1, 2023.
01/11/2023Motion of respondent for an extension of time filed.
01/12/2023Motion 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.
01/17/2023CIRCULATED
01/18/2023The deferred joint appendix is to be filed on or before February 3, 2023.
01/27/2023Brief of respondent Hetronic International, Inc. filed. (Distributed)
01/31/2023SET FOR ARGUMENT on Tuesday, March 21, 2023.
01/31/2023Motion 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.
02/01/2023Brief amicus curiae of Stussy, Inc. filed. (Distributed)
02/03/2023Brief amicus curiae of American Bar Association filed. (Distributed)
02/03/2023Joint appendix filed. (Statement of costs filed). (Distributed)
02/27/2023Motion 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.
02/27/2023Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed)
03/21/2023Argued. 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.
06/29/2023Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Thomas, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Sotomayor, J., filed an opinion concurring in the judgment, in which Roberts, C. J., and Kagan and Barrett, JJ., joined.
07/31/2023Judgment issued.