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John H. Owoc, aka Jack Owoc v. Monster Energy Company, a Delaware Corporation

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-55451, 24-244 · judgment April 15, 2025


Certiorari denied · June 22, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a civil jury may determine the scientific validity, biochemical identity, or physiological efficacy of a patented compound—and impose nationwide prohibitions on its labeling and promotion—in the absence of any regulatory action by the Food and Drug Administration, thereby substituting judicial verdicts for Federal scientific oversight in violation of due process and the separation of powers?

  2. Whether a court violates due process by excluding critical, reliable defense evidence that goes to falsity, materiality, and affirmative defenses in a Lanham Act action—thereby preventing a defendant from presenting a complete defense?

  3. Whether a court violates federal antitrust law and due process by permitting litigation to proceed where the suit is objectively baseless and brought as a competitive weapon to destroy a rival, thereby stripping it of Noerr-Pennington immunity under the sham-litigation doctrine?

  4. May a lay jury impose the largest civil penalty in the history of the Lanham act based on admitted guesswork and standardless damages determinations, in Violation of a Court Order prohibiting speculation, without violating due process, where the verdict operates as punishment and de facto regulatory action rather than compensation for proven harm?

Counsel of record

For petitioner
John H. Owoc

For respondent
Allison L. Libeu
Hueston Henningan, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 17 2026
  2. Jun 22 2026
    Petition DENIED.
  3. Jun 02 2026
    DISTRIBUTED for Conference of 6/18/2026.
  4. May 15 2026
    Waiver of right of respondent Monster Energy Company to respond filed.
  5. Nov 10 2025
    Petition for a writ of certiorari filed. (Response due June 8, 2026)