Supreme Court of the United States · Official docket →
Dewberry Group, Inc., fka Dewberry Capital Corporation v. Dewberry Engineers Inc.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-1622, 22-1845 · judgment August 9, 2023
Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.
Question presented
Whether an award of the "defendant's profits" under the Lanham Act, 15 U.S.C. § 1117 (a), can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.
Counsel of record
For petitioner
Helgi C. Walker
Gibson, Dunn & Crutcher LLP
For respondent
Elbert Lin
Hunton Andrews Kurth LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage · 5 merits
(4 supporting pet./neither, 1 respondent)
Argument & decision
Argued December 11, 2024 — Thomas G. Hungar · Nicholas S. Crown · Elbert Lin. Audio and transcript
Decided February 26, 2025. Opinion by Kagan.
Proceedings
- Aug 06 2025Record returned to the United States District Court for the Eastern District of Virginia.
- Mar 31 2025Judgment Issued.
- Feb 26 2025Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
- Dec 11 2024Argued. For petitioner: Thomas G. Hungar, Washington, D. C. For United States, as amicus curiae: Nicholas S. Crown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Elbert Lin, Richmond, Va.
- Nov 21 2024Reply of petitioner Dewberry Group, Inc. filed. (Distributed)
- Nov 04 2024Motion 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.
- Nov 04 2024Sealed material received electronically from the United States Court of Appeals for the Fourth Circuit and available with the Clerk.
- Oct 31 2024Record received electronically from the United States District Court for the Eastern District of Virginia and available with the Clerk.
- Oct 29 2024Brief amici curiae of Intellectual Property Scholars, et al. filed. (Distributed)
- Oct 23 2024Record requested from the United States Court of Appeals for the Fourth Circuit.
- Oct 22 2024CIRCULATED
- Oct 22 2024Brief of respondent Dewberry Engineers Inc. filed. (Distributed)
- Oct 18 2024SET FOR ARGUMENT on Wednesday, December 11, 2024.
- Oct 11 2024Motion 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.
- Sep 06 2024Brief amicus curiae of The International Trademark Association in support of neither party filed.
- Sep 06 2024Brief amicus curiae of United States in support of neither party filed.
- Sep 06 2024Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
- Sep 04 2024Brief amicus curiae of Washington Legal Foundation filed.
- Aug 30 2024Brief of petitioner Dewberry Group, Inc. filed.
- Aug 30 2024Joint appendix filed. (Statement of costs filed)
- Jul 18 2024Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2024. The time to file respondent's brief on the merits is extended to and including October 22, 2024.
- Jul 15 2024Motion for an extension of time to file the briefs on the merits filed.
- Jun 24 2024Petition GRANTED.
- Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
- May 28 2024DISTRIBUTED for Conference of 6/13/2024.
- May 28 2024Reply of petitioner Dewberry Group, Inc. filed. (Distributed)
- May 08 2024Brief of respondent Dewberry Engineers Inc. in opposition filed.
- Apr 08 2024Brief amici curiae of Professors Samuel L. Bray and Paul B. Miller filed.
- Mar 14 2024Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2024.
- Mar 13 2024Motion to extend the time to file a response from April 8, 2024 to May 8, 2024, submitted to The Clerk.
- Mar 07 2024Response Requested. (Due April 8, 2024)
- Feb 28 2024DISTRIBUTED for Conference of 3/15/2024.
- Feb 26 2024Waiver of right of respondent Dewberry Engineers Inc. to respond filed.
- Feb 16 2024Petition for a writ of certiorari filed. (Response due March 22, 2024)
- Dec 11 2023Application (23A517) granted by The Chief Justice extending the time to file until February 16, 2024.
- Dec 04 2023Application (23A517) to extend the time to file a petition for a writ of certiorari from December 18, 2023 to February 16, 2024, submitted to The Chief Justice.