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Lexmark International, Inc. v. Static Control Components, Inc.

Docket No.12-873
Op. Below6th Cir.
ArgumentDec 3, 2013

Holding

Static Control has adequately pleaded the elements of a Lanham Act cause of action for false advertising: an injury to a commercial interest in sales or business reputation proximately caused by the defendant"s misrepresentation.

Judgment

Affirmed, 9-0, in an opinion by Antonin Scalia on Mar 25, 2014.

Issue: Whether the appropriate analytic framework for determining a party”s standing to maintain an action for false advertising under the Lanham Act is (1) the factors set forth in”Associated General Contractors of California, Inc. v. California State Council of Carpenters”as adopted by the Third, Fifth, Eighth, and Eleventh Circuits; (2) the categorical test, permitting suits only by an actual competitor, employed by the Seventh, Ninth, and Tenth Circuits; or (3) a version of the more expansive “reasonable interest” test, either as applied by the Sixth Circuit in this case or as applied by the Second Circuit in prior cases.

Proceedings & orders timeline

Jan 14, 2013
Petition for a writ of certiorari filed. (Response due February 15, 2013)
Feb 15, 2013
Waiver of right of respondent Static Control Components, Inc. to respond filed.
Feb 27, 2013
DISTRIBUTED for Conference of March 15, 2013.
Mar 1, 2013
Response Requested . (Due April 1, 2013)
Mar 25, 2013
Order extending time to file response to petition to and including May 1, 2013.
May 1, 2013
Brief of respondent Static Control Components, Inc. in opposition filed.
May 10, 2013
Reply of petitioner Lexmark International, Inc. filed.
May 14, 2013
DISTRIBUTED for Conference of May 30, 2013.
Jun 3, 2013
Petition GRANTED.
Jun 5, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jun 20, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of niether party, received from counsel for the petitioner.
Jun 21, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 16, 2013.
Jun 21, 2013
The time to file respondent's brief on the merits is extended to and including October 15, 2013.
Aug 16, 2013
Joint appendix filed. (Statement of costs filed.)
Aug 16, 2013
Brief of petitioner Lexmark International, Inc. filed.
Aug 22, 2013
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Aug 22, 2013
Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Aug 23, 2013
Brief amici curiae of Law Professors in support of neither party filed.
Sep 17, 2013
SET FOR ARGUMENT ON Tuesday December 3, 2013
Sep 17, 2013
CIRCULATED
Sep 19, 2013
Record from U.S.C.A. for 6th Circuit is electronic and located on PACER.
Oct 15, 2013
Brief of respondent Static Control Components, Inc. filed. (Distributed)
Oct 17, 2013
Brief amicus curiae of International Trademark Association filed. (Distributed)
Oct 22, 2013
Brief amicus curiae of American Antitrust Institute filed. (Distributed)
Nov 12, 2013
Reply of petitioner Lexmark International, Inc. filed. (Distributed)
Nov 15, 2013
Record from U.S.D.C. for Eastern District of Kentucky is electronic and located on PACER.
Dec 3, 2013
Argued. For petitioner: Steven B. Loy, Lexington, Ky. For respondent: Jameson R. Jones, Denver, Colo.
Jan 17, 2014
Record received from U.S.D.C. Eastern District of Kentucky. The record is electronic (Not on PACER).
Mar 25, 2014
Adjudged to be AFFIRMED. Scalia, J., delivered the opinion for a unanimous Court.
Apr 28, 2014
JUDGMENT ISSUED.
Aug 1, 2014
Record returned for U.S.D.C. Eastern District of Kentucky.

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