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Mission Product Holdings, Inc. v. Tempnology, LLC, nka Old Cold LLC

Paid petition · United States Court of Appeals for the First Circuit, No. 16-9016 · judgment January 12, 2018

Decided · May 20, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–11%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.

Questions presented

  1. Whether, under §365 of the Bankruptcy Code, a debtor-licensor's "rejection" of a license agreement which "constitutes a breach of such contract," 11 U .S.C. §365(g)-terminates rights of the licensee that would survive the licensor's breach under applicable non-bankruptcy law.

  2. Whether an exclusive right to sell certain products practicing a patent in a particular geographic territory is a "right to intellectual property" within the meaning of §365(n) of the Bankruptcy Code. LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Counsel of record

For petitioner
Danielle Mary Spinelli
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
Douglas Harry Hallward-Driemeier
Ropes & Gray, LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage · 6 merits
(6 supporting pet./neither)

Argument & decision

Argued February 20, 2019 — Danielle Spinelli · Douglas Hallward-Driemeier. Audio and transcript

Decided May 20, 2019. Opinion by Kagan.

Proceedings

  1. Jun 21 2019
    JUDGMENT ISSUED.
  2. May 20 2019
    Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Breyer, Alito, Sotomayor, and Kavanaugh, JJ., joined. Sotomayor, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion.
  3. Feb 20 2019
    Argued. For petitioner: Danielle Spinelli, Washington, D. C.; and Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Douglas Hallward-Driemeier, Washington, D. C.
  4. Feb 08 2019
    Reply of petitioner Mission Product Holdings, Inc. filed. (Distributed)
  5. Jan 22 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Jan 18 2019
    Record from the U.S.C.A. 1st Circuit is electronic and located on PACER, with the exception of one envelop containing the Joint Appendix.
  7. Jan 15 2019
    CIRCULATED
  8. Jan 11 2019
    Record requested from the U.S.C.A. 1st Circuit.
  9. Jan 09 2019
    Brief of respondent Tempnology, LLC, n/k/a Old Cold LLC filed.
  10. Dec 21 2018
    SET FOR ARGUMENT on Wednesday, February 20, 2019.
  11. Dec 21 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  12. Dec 17 2018
    Brief amicus curiae of United States filed.
  13. Dec 17 2018
    Brief amici curiae of Law Professors filed.
  14. Dec 17 2018
    Brief amicus curiae of New York Intellectual Property Law Association filed.
  15. Dec 17 2018
    Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
  16. Dec 17 2018
    Brief amicus curiae of The International Trademark Association filed.
  17. Dec 12 2018
    Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
  18. Dec 10 2018
    Brief of petitioner Mission Product Holdings, Inc. filed.
  19. Dec 10 2018
    Joint appendix (2 volumes) filed.
  20. Oct 26 2018
    Letter of October 25, 2018 from counsel for petitioner received. (Distributed)
  21. Oct 26 2018
    Petition GRANTED limited to Question 1 presented by the petition.
  22. Oct 25 2018
    Letter of October 23, 2018 from counsel for respondent received. (Distributed)
  23. Oct 22 2018
    DISTRIBUTED for Conference of 10/26/2018.
  24. Sep 26 2018
    DISTRIBUTED for Conference of 10/12/2018.
  25. Sep 25 2018
    Reply of petitioner Mission Product Holdings, Inc. filed.
  26. Sep 07 2018
    Brief of respondent Tempnology, LLC, n/k/a Old Cold LLC in opposition filed.
  27. Aug 08 2018
    Brief amici curiae of Law Professors filed.
  28. Jul 24 2018
    Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2018.
  29. Jul 20 2018
    Motion to extend the time to file a response from August 8, 2018 to September 7, 2018, submitted to The Clerk.
  30. Jul 11 2018
    Brief amicus curiae of The International Trademark Association filed.
  31. Jul 09 2018
    Response Requested. (Due August 8, 2018)
  32. Jul 03 2018
    DISTRIBUTED for Conference of 9/24/2018.
  33. Jun 28 2018
    Waiver of right of respondent Tempnology, LLC, n/k/a Old Cold LLC to respond filed.
  34. Jun 11 2018
    Petition for a writ of certiorari filed. (Response due July 12, 2018)
  35. Apr 02 2018
    Application (17A1060) granted by Justice Breyer extending the time to file until June 11, 2018.
  36. Mar 27 2018
    Application (17A1060) to extend the time to file a petition for a writ of certiorari from April 12, 2018 to June 11, 2018, submitted to Justice Breyer.
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