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Dewberry Group, Inc. v. Dewberry Engineers, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
23-900 4th Cir. Dec 11, 2024 Feb 26, 2025 9-0 Kagan OT 2024

Holding: In awarding the "defendant"s profits" to the prevailing plaintiff in a trademark infringement suit under the Lanham Act a court can award only profits ascribable to the "defendant" itself.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on February 26, 2025. Justice Sotomayor filed a concurring opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/04/2023Application (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.
12/11/2023Application (23A517) granted by The Chief Justice extending the time to file until February 16, 2024.
02/16/2024Petition for a writ of certiorari filed. (Response due March 22, 2024)
02/26/2024Waiver of right of respondent Dewberry Engineers Inc. to respond filed.
02/28/2024DISTRIBUTED for Conference of 3/15/2024.
03/07/2024Response Requested. (Due April 8, 2024)
03/13/2024Motion to extend the time to file a response from April 8, 2024 to May 8, 2024, submitted to The Clerk.
03/14/2024Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2024.
04/08/2024Brief amici curiae of Professors Samuel L. Bray and Paul B. Miller filed.
05/08/2024Brief of respondent Dewberry Engineers Inc. in opposition filed.
05/28/2024DISTRIBUTED for Conference of 6/13/2024.
05/28/2024Reply of petitioner Dewberry Group, Inc. filed. (Distributed)
06/17/2024DISTRIBUTED for Conference of 6/20/2024.
06/24/2024Petition GRANTED.
07/15/2024Motion for an extension of time to file the briefs on the merits filed.
07/18/2024Motion 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.
08/30/2024Brief of petitioner Dewberry Group, Inc. filed.
08/30/2024Joint appendix filed. (Statement of costs filed)
09/04/2024Brief amicus curiae of Washington Legal Foundation filed.
09/06/2024Brief amicus curiae of The International Trademark Association in support of neither party filed.
09/06/2024Brief amicus curiae of United States in support of neither party filed.
09/06/2024Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
10/11/2024Motion 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.
10/18/2024SET FOR ARGUMENT on Wednesday, December 11, 2024.
10/22/2024CIRCULATED
10/22/2024Brief of respondent Dewberry Engineers Inc. filed. (Distributed)
10/23/2024Record requested from the United States Court of Appeals for the Fourth Circuit.
10/29/2024Brief amici curiae of Intellectual Property Scholars, et al. filed. (Distributed)
10/31/2024Record received electronically from the United States District Court for the Eastern District of Virginia and available with the Clerk.
11/04/2024Motion 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.
11/04/2024Sealed material received electronically from the United States Court of Appeals for the Fourth Circuit and available with the Clerk.
11/21/2024Reply of petitioner Dewberry Group, Inc. filed. (Distributed)
12/11/2024Argued. 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.
02/26/2025Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
03/31/2025Judgment Issued.