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Romag Fasteners, Inc. v. Fossil, Inc.

Petition granted, judgment vacated and case remanded for further consideration in light of SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC on March 27, 2017.

Docket No.16-202
Op. BelowFed. Cir.

Issue

(1) Whether, under Section 35 of the Lanham Act, willful infringement is a prerequisite for an award of infringer's profits for a violation of Section 43(a), which prohibits trademark infringement through false representations regarding the origin, endorsement, or association of goods through the use of another's distinctive mark; and (2) whether and to what extent the defense of laches may bar an award for patent infringement brought within the Patent Act's six-year statutory limitations period, 35 U.S.C. § 286"the same issue this Court granted for plenary review in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.

Proceedings & orders timeline

May 23, 2016
Application (15A1196) to extend the time to file a petition for a writ of certiorari from March 31, 2016 to August 15, 2016, submitted to The Chief Justice.
May 25, 2016
Application (15A1196) granted by The Chief Justice extending the time to file until August 15, 2016.
Aug 12, 2016
Petition for a writ of certiorari filed. (Response due September 12, 2016)
Aug 23, 2016
Order extending time to file response to petition to and including October 19, 2016.
Oct 19, 2016
Brief of respondents Fossil, Inc., et al. in opposition filed.
Nov 1, 2016
Reply of petitioner Romag Fasteners, Inc. filed.
Nov 2, 2016
DISTRIBUTED for Conference of November 22, 2016.
Mar 21, 2017
Supplemental brief of petitioner Romag Fasteners, Inc. filed. (Distributed)
Mar 22, 2017
DISTRIBUTED for Conference of March 24, 2017.
Mar 22, 2017
Letter received form counsel for respondent Fossil , Inc., et al.. (Distributed)
Mar 23, 2017
Supplemental brief of respondents Fossil, Inc., et al. filed. (Distributed)
Mar 27, 2017
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, 580 U. S. ___ (2017).
Apr 28, 2017
JUDGMENT ISSUED.

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