Supreme Court of the United States

Mission Product Holdings, Inc., Petitioner v. Tempnology, LLC, Nka Old Cold LLC — Gorsuch, J., Dissenting

May 20, 2019139 S. Ct. 1652

Summary

Justice Gorsuch dissents, arguing the Court should dismiss the petition as improvidently granted because the case is moot and Mission lacks a viable damages claim. He stresses that the Constitution limits judicial power to actual cases or controversies and that petitioning the court is protected by the First Amendment and not actionable. The dissent notes that even if the Court were to rule, the trademark license would have expired, rendering any relief moot.