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Romag Fasteners, Inc. v. Fossil, Inc.

Petition granted, judgment vacated and case remanded for further consideration in light of SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC on March 27, 2017.

Docket No. Argument Opinion Vote Author Term
16-202 N/A N/A N/A N/A OT 2016

Issue: (1) Whether, under Section 35 of the Lanham Act, willful infringement is a prerequisite for an award of infringer's profits for a violation of Section 43(a), which prohibits trademark infringement through false representations regarding the origin, endorsement, or association of goods through the use of another's distinctive mark; and (2) whether and to what extent the defense of laches may bar an award for patent infringement brought within the Patent Act's six-year statutory limitations period, 35 U.S.C. ยง 286"the same issue this Court granted for plenary review in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
05/23/2016Application (15A1196) to extend the time to file a petition for a writ of certiorari from March 31, 2016 to August 15, 2016, submitted to The Chief Justice.
05/25/2016Application (15A1196) granted by The Chief Justice extending the time to file until August 15, 2016.
08/12/2016Petition for a writ of certiorari filed. (Response due September 12, 2016)
08/23/2016Order extending time to file response to petition to and including October 19, 2016.
10/19/2016Brief of respondents Fossil, Inc., et al. in opposition filed.
11/01/2016Reply of petitioner Romag Fasteners, Inc. filed.
11/02/2016DISTRIBUTED for Conference of November 22, 2016.
03/21/2017Supplemental brief of petitioner Romag Fasteners, Inc. filed. (Distributed)
03/22/2017DISTRIBUTED for Conference of March 24, 2017.
03/22/2017Letter received form counsel for respondent Fossil , Inc., et al.. (Distributed)
03/23/2017Supplemental brief of respondents Fossil, Inc., et al. filed. (Distributed)
03/27/2017Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, 580 U. S. ___ (2017).
04/28/2017JUDGMENT ISSUED.