[E-trademarks] Petition for Certiorari - Chestek PLLC v. Vidal

[Pamela Chestek]

Thanks for asking.

The deadline is 30 days after the Supreme Court dockets the petition. It 
takes a two or three days for them to docket it and they will state in 
the docket entry what the deadlines are. So you can assume no earlier 
than June 13 and probably a few days after that.

Pam

Pamela S. Chestek
Chestek Legal
300 Fayetteville St.
Unit 2492
Raleigh, NC 27602
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com


On 5/10/2024 4:55 PM, Sam Castree via E-trademarks wrote:
> Dear Pam,
>
> What kind of deadline is there for such a petition?  I'm on the 
> Illinois State Bar Association's IP section council, but our next 
> meeting isn't until about a month from now.  And after that, I'm not 
> sure how long it would take to put something together (assuming that 
> the troops can be rallied at all).
>
> Cheers,
> Sam Castree, III
>
> /Sam Castree Law, LLC/
> /3421 W. Elm St./
> /McHenry, IL 60050/
> /(815) 344-6300/
>
>
>
> On Fri, May 10, 2024 at 3:47 PM Pamela Chestek via E-trademarks 
> <e-trademarks at oppedahl-lists.com> wrote:
>
>     Hi all,
>
>     Hope you're having a great Friday afternoon!
>
>     This is to let you know that on Monday we will be filing a
>     petition for certiorari in my loss in the Federal Circuit in In re
>     Chestek PLLC. This step is being taken with great thought.
>
>     The PTO is obliged by statute to follow the same processes
>     described in the Administrative Procedures Act that all government
>     agencies follow, which is to publish proposed rules for notice and
>     comment and then consider the comments when propounding any final
>     rule. In a broadly sweeping opinion, the Federal Circuit did /not/
>     say that the proper steps were followed in the rulemaking for the
>     domicile address requirement but instead skirted it by saying,
>     essentially, that the PTO doesn't ever have to comply with that
>     statutory requirement and therefore can propound any rule that it
>     wants, for both patents and trademarks, without any obligation to
>     do any formal rulemaking at all. Any advance warning or
>     consultation with the stakeholders about new rules may be a thing
>     of the past.
>
>     The implications of this for both trademark and patent
>     practitioners is profound. This case is also the only opportunity
>     to force the PTO to reverse course. If not challenged, the
>     decision stands and the next person challenging any egregious
>     rulemaking will have to overcome this appeals-level precedent.
>
>     I am hoping that those of you who represent clients or
>     organizations who might be adversely affected by an unfettered PTO
>     will consider filing a petition in support of the Supreme Court's
>     grant of certiorari. This is when I need the most support - we
>     need to convince the Supreme Court that this case must be heard.
>     This is actually more important than briefs once cert has been
>     granted. If you'd like a copy of the petition being filed, write
>     to me privately and I'll be happy to send you a copy.
>
>     We have asked AIPLA and INTA to support the petition for cert but
>     they haven't committed yet. If you have any influence with those
>     organizations, please encourage them to file a petition in
>     support. I would also ask anyone who is a member of IPO to ask
>     them to consider supporting the petition.
>
>     Thanks so much for your past support - I have had many private
>     comments thanking me and appreciate them all. And please help me
>     with this one last step.
>
>     Pam
>
>     Pamela S. Chestek
>     Chestek Legal
>     300 Fayetteville St.
>     Unit 2492
>     Raleigh, NC 27602
>     +1 919-800-8033
>     pamela at chesteklegal.com
>     www.chesteklegal.com <http://www.chesteklegal.com>
>
>
>
>     -- 
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>
>
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