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Romag Fasteners, Inc. v. Fossil Group, Inc., fka Fossil, Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-2417 · judgment February 5, 2019

Decided · April 23, 2020
Pre-decision estimate: 28% cert probability (95% interval 18%–39%)

Before the decision, about 6.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Whether, under section 35 of the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer's profits for a violation of section 43(a), id. § 1125(a).

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Neal Kumar Katyal
Milbank LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
6 merits
(5 supporting pet./neither, 1 respondent)

Argument & decision

Argued January 14, 2020 — Lisa S. Blatt · Neal K. Katyal. Audio and transcript

Decided April 23, 2020. Opinion by Gorsuch.

Proceedings

  1. May 26 2020
    JUDGMENT ISSUED.
  2. Apr 23 2020
    Judgment 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.
  3. Jan 14 2020
    Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondents: Neal K. Katyal, Washington, D. C.
  4. Dec 27 2019
    Reply of petitioner Romag Fasteners, Inc. filed. (Distributed)
  5. Dec 04 2019
    Brief amici curiae of Intellectual Property Law Professors filed. (Distributed)
  6. Dec 04 2019
    The record received from the U.S.C.A. Federal Circuit is electronic and located on PACER, this record is complete.
  7. Dec 03 2019
    Record requested from the U.S.C.A. Federal Circuit.
  8. Nov 27 2019
    Brief of respondents Fossil, Inc., et al. filed. (Distributed)
  9. Nov 26 2019
    CIRCULATED
  10. Nov 20 2019
    Motion 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. Nov 08 2019
    SET FOR ARGUMENT on Tuesday, January 14, 2020.
  12. Nov 06 2019
    Motion for a further extension of time to file respondents' brief on the merits filed.
  13. Sep 20 2019
    Brief amicus curiae of The American Intellectual Property Law Association in support of neither party filed.
  14. Sep 20 2019
    Brief amicus curiae of International Trademark Association in support of neither party filed.
  15. Sep 20 2019
    Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
  16. Sep 20 2019
    Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
  17. Sep 19 2019
    Brief amicus curiae of The American Bar Association filed.
  18. Sep 13 2019
    Brief of petitioner Romag Fasteners, Inc. filed.
  19. Sep 13 2019
    Joint appendix filed.
  20. Aug 19 2019
    Blanket Consent filed by Respondent, Fossil, Inc., et al.
  21. Aug 12 2019
    Blanket Consent filed by Petitioner, Romag Fasteners, Inc.
  22. Jul 17 2019
    Joint 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.
  23. Jul 12 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  24. Jun 28 2019
    Petition GRANTED.
  25. Jun 26 2019
    DISTRIBUTED for Conference of 6/27/2019.
  26. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  27. Jun 04 2019
    Reply of petitioner Romag Fasteners, Inc. filed. (Distributed)
  28. May 30 2019
    Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
  29. May 22 2019
    Brief of respondents Fossil, Inc., et al. in opposition filed.
  30. Apr 04 2019
    Motion to extend the time to file a response is granted and the time is extended to and including May 22, 2019.
  31. Apr 02 2019
    Supplemental brief of petitioner Romag Fasteners, Inc. filed.
  32. Apr 02 2019
    Motion to extend the time to file a response from April 22, 2019 to May 22, 2019, submitted to The Clerk.
  33. Mar 22 2019
    Petition for a writ of certiorari filed. (Response due April 22, 2019)