No. 20-873

Herman Miller, Inc. v. Blumenthal Distributing, Inc., dba Office Star

Lower Court: Ninth Circuit
Docketed: 2020-12-31
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-procedure household-name jury-trial standard-of-review trade-dress trademark
Key Terms:
Antitrust Trademark Patent Copyright JusticiabilityDoctri
Latest Conference: 2021-03-05
Question Presented (AI Summary)

Whether the appellate court improperly substituted its own factual findings in place of a jury verdict

Question Presented (OCR Extract)

QUESTIONS PRESENTED Where the appellate court in this action substituted its own findings of fact in place of a jury verdict; and where it is undisputed that the jury was properly and precisely instructed as to the applicable law; and where the jury verdict was sustained by the district court after post-trial motions, should this Court enter an order granting, vacating and remanding in view of the identical or nearly identical question raised in the case already pending in this Court in Google, LLC v. Oracle America, Inc., No. 18-956 where the appellate court likewise displaced the jury’s factual findings. i

Docket Entries

2021-03-08
Petition DENIED.
2021-02-17
DISTRIBUTED for Conference of 3/5/2021.
2021-02-11
Reply of petitioner Herman Miller, Inc. filed. (Distributed)
2021-02-01
Brief of respondent Blumenthal Distributing, Inc. d/b/a Office Star in opposition filed.
2020-12-23
Petition for a writ of certiorari filed. (Response due February 1, 2021)

Attorneys

Blumenthal Distributing, Inc. d/b/a Office Star
David A. DillardLewis Roca Rothgerber Christie LLP, Respondent
Herman Miller, Inc.
Jonathan E. MoskinFoley & Lardner LLP, Petitioner