No. 22-704
Title:Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office, Petitioner
v.
Steve Elster
Docketed:January 27, 2023
Linked with 22A442
Lower Ct:United States Court of Appeals for the Federal Circuit
   Case Numbers:(2020-2205)
   Decision Date:February 24, 2022
   Rehearing Denied:August 31, 2022
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Nov 17 2022Application (22A442) to extend the time to file a petition for a writ of certiorari from November 29, 2022 to December 29, 2022, submitted to The Chief Justice.
Main DocumentProof of Service
Nov 18 2022Application (22A442) granted by The Chief Justice extending the time to file until December 29, 2022.
Dec 19 2022Application (22A442) to extend further the time from December 29, 2022 to January 27, 2023, submitted to The Chief Justice.
Written RequestProof of Service
Dec 20 2022Application (22A442) granted by The Chief Justice extending the time to file until January 27, 2023.
Jan 27 2023Petition for a writ of certiorari filed. (Response due February 27, 2023)
PetitionProof of Service
Feb 15 2023Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
Main Document
Feb 16 2023Motion to extend the time to file a response is granted and the time is further extended to and including March 29, 2023.
Feb 21 2023Brief amicus curiae of Matthew A. Handal filed.
Main DocumentCertificate of Word CountProof of Service
Mar 24 2023Motion to extend the time to file a response from March 29, 2023 to April 11, 2023, submitted to The Clerk.
Main Document
Mar 27 2023Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2023.
Apr 06 2023Motion to extend the time to file a response from April 11, 2023 to April 25, 2023, submitted to The Clerk.
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Apr 07 2023Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2023.
Apr 25 2023Brief of respondent Steve Elster in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
May 09 2023DISTRIBUTED for Conference of 5/25/2023.
May 09 2023Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
Main DocumentCertificate of Word Count
May 30 2023DISTRIBUTED for Conference of 6/1/2023.
Jun 05 2023Petition GRANTED.
Jun 22 2023Motion for an extension of time to file the briefs on the merits filed.
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Jul 10 2023Motion to extend the time to file the joint appendix and petitioner's brief on the merits is extended to and including July 25, 2023. The time to file respondent's brief on the merits is extended to and including August 29, 2023.
Jul 12 2023Motion to dispense with printing the joint appendix filed by petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office.
Main DocumentProof of Service
Jul 25 2023Brief of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed.
Main DocumentProof of Service
Aug 01 2023Brief amicus curiae of Motion Picture Association, Inc. in support of neither party filed.
Main DocumentCertificate of Word CountProof of Service
Aug 01 2023Brief amicus curiae of Matthew A. Handal in support of neither party filed.
Main DocumentProof of ServiceCertificate of Word Count
Aug 01 2023Brief amicus curiae of The International Trademark Association filed.
Main DocumentCertificate of Word CountProof of Service
Aug 01 2023Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Main DocumentCertificate of Word CountProof of Service
Aug 01 2023Brief amicus curiae of Public Citizen filed.
Main DocumentCertificate of Word CountProof of Service
Aug 14 2023Motion of respondent for a further extension of time filed.
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Aug 15 2023Motion of respondent for a further extension of time to file respondent's brief on the merits is granted and the time is extended to and including September 5, 2023.
Aug 21 2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 05 2023Brief of respondent Steve Elster filed.
Main DocumentCertificate of Word CountProof of Service
Sep 05 2023Brief amicus curiae of Samuel F. Ernst filed.
Main DocumentCertificate of Word CountProof of Service
Sep 06 2023SET FOR ARGUMENT on Wednesday, November 1, 2023.
Sep 06 2023Record requested from the United States Court of Appeals for the Federal Circuit.
Sep 12 2023Brief amici curiae of Foundation for Individual Rights and Expression and Manhattan Institute filed.
Main DocumentCertificate of Word CountProof of Service
Sep 18 2023CIRCULATED
Sep 20 2023Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER.
Oct 05 2023Reply of petitioner Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office filed. (Distributed)
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Nov 01 2023Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan E. Taylor, Washington, D. C.
Jun 13 2024Judgment REVERSED. Thomas, J., announced the judgment of the Court and delivered the opinion of the Court, except as to Part III. Alito and Gorsuch, JJ., joined that opinion in full; Roberts, C. J., and Kavanaugh, J., joined all but Part III; and Barrett, J., joined Parts I, II–A, and II–B. Kavanaugh, J., filed an opinion concurring in part, in which Roberts, C. J., joined. Barrett, J., filed an opinion concurring in part, in which Kagan, J., joined, in which Sotomayor, J., joined as to Parts I, II, and III–B, and in which Jackson, J., joined as to Parts I and II. Sotomayor, J., filed an opinion concurring in the judgment, in which Kagan and Jackson, JJ., joined.
Jul 15 2024Judgment Issued.
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NAMEADDRESSPHONE
Attorneys for Petitioner
Elizabeth B. Prelogar
    Counsel of Record		Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV		202-514-2217
Party name: Katherine K. Vidal, Under Secretary of Commerce Intellectual Property and Director, United States Patent and Trademark Office
Attorneys for Respondent
Jonathan Ellis Taylor
    Counsel of Record		Gupta Wessler PLLC
2001 K Street NW
Suite 850 North
Washington, DC 20006

JON@GUPTAWESSLER.COM		2028881741
Party name: Steve Elster
Other
James D. Crowne
    Counsel of Record		[Self employed]
12102 Lerner Place
Bowie, MD 20715

JDCROWNE@OUTLOOK.COM		301-602-4934
Party name: American Intellectual Property Law Association
Samuel Frederick Ernst
    Counsel of Record		Golden Gate University School of Law
536 Mission Street
San Francisco, CA 94105

samernst7777@gmail.com		(650) 302-2504
Party name: Samuel F. Ernst
Susan J. Kohlmann
    Counsel of Record		Jenner & Block LLP
1155 Avenue of the Americas
New York, NY 10036

SKOHLMANN@JENNER.COM		212-891-1600
Party name: Motion Picture Association, Inc.
Paul Alan Levy
    Counsel of Record		Public Citizen Litigation Group
1600 20th Street NW
Washington, DC 20009

PLEVY@CITIZEN.ORG		2025887725
Party name: Public Citizen
Christopher George Michel
    Counsel of Record		Quinn Emanuel Urquhart & Sullivan, LLP
1300 I St. NW
Suite 900
Washington, DC 20005

CHRISTOPHERMICHEL@QUINNEMANUEL.COM		202-538-8308
Party name: Foundation for Individual Rights and Expression
Jonathan E. Moskin
    Counsel of Record		Foley & Lardner LL P
99 Park Avenue
New York, NY 10016

jmoskin@foley.com		212-682-7474
Party name: The International Trademark Association
Brian Alan Ross
    Counsel of Record		Ross Legal Corporation
16133 Ventura Boulevard, Penthouse
Encino, CA 91436

BRIAN@ROSSLEGALCORP.COM		8189069667
Party name: Matthew A. Handal