Supreme Court of the United States · Official docket →
SAP SE, et al. v. Teradata Corporation, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-16065 · judgment December 19, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below, and down for a business respondent.
Questions presented
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Whether the rule of reason properly governs tying claims under Section 1 of the Sherman Act, 15 U.S.C. 1, concerning software products that are technologically integrated—including where, as here, the tied product is sold separately from the tying product.
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Whether the Court’s precedents applying a per se rule to analyze the lawfulness of tying arrangements under Section 1 of the Sherman Act should be overruled. (I)
Counsel of record
For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
For respondent
Deanne Elizabeth Maynard
Morrison & Foerster LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage
Linked docket
24M98
Proceedings
- Oct 06 2025Petition DENIED.
- Sep 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 10 2025Reply of petitioners SAP SE, et al. filed. (Distributed)
- Aug 25 2025Brief of respondents Teradata Corporation, et al. in opposition filed.
- Aug 11 2025Brief amicus curiae of Washington Legal Foundation filed.
- Aug 11 2025Brief amici curiae of Microsoft Corporation, et al. filed.
- Jul 16 2025Motion to extend the time to file a response is granted and the time is extended to and including August 25, 2025.
- Jul 15 2025Motion to extend the time to file a response from August 11, 2025 to August 25, 2025, submitted to The Clerk.
- Jul 11 2025Response Requested. (Due August 11, 2025)
- Jul 09 2025Letter of July 7, 2025 from counsel for petitioners recevied.
- Jul 02 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 30 2025Motion (24M98) Granted.
- Jun 30 2025Waiver of right of respondent Teradata Corporation, et al. to respond filed.
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 02 2025Motion (24M98) of petitioners for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
- Jun 02 2025Petition for a writ of certiorari filed. (Response due July 30, 2025)