Atturo Tire Corp. has renewed its call for the U.S. Supreme Court to review a significant $10 million intellectual property (IP) dispute with Toyo Tire Corp., urging the justices to reconsider the Federal Circuit’s decision in favor of Toyo.
In a formal reply brief filed Wednesday, Atturo pressed the high court to take up its petition, arguing that the Illinois Supreme Court should be asked to provide clarity on the scope of “absolute litigation privilege”—the central issue underpinning the Federal Circuit’s ruling. Atturo contends that the Federal Circuit erred by predicting how the Illinois court would rule on this matter, rather than directly seeking the Illinois Supreme Court’s guidance.
“Unlike the Federal Circuit, which could only ‘predict’ the Illinois Supreme Court’s position, this Court need not speculate; it can directly ask for clarification under Illinois Supreme Court Rule 20(a),” said Atturo in its brief.
The case stems from a decade-long legal battle that began when Toyo filed a complaint with the U.S. International Trade Commission (ITC), accusing tire manufacturers and distributors of infringing its design patents. Toyo later reached settlements with these companies, but Atturo—who was not involved in the ITC case—was accused of trade dress infringement in connection with Toyo’s settlements. As a result, Toyo filed a lawsuit against Atturo for trade dress infringement in Illinois federal court, leading to a countersuit from Atturo accusing Toyo of tortious interference and unfair business practices.
Atturo prevailed in the federal court case, with a jury siding in its favor on several counterclaims, including tortious interference and unfair competition. As a result, Atturo was awarded $10 million in compensatory damages, though the court reduced punitive damages from $100 million to $100,000.
Toyo appealed the ruling, and the Federal Circuit ultimately ruled that Illinois’ absolute litigation privilege protected Toyo’s statements, overturning the jury’s findings on three of Atturo’s counterclaims, including defamation and violations of the Illinois Deceptive Trade Practices Act.
Atturo now seeks to have the U.S. Supreme Court weigh in on the case, requesting the high court to ask the Illinois Supreme Court for guidance on the scope of litigation privilege in IP disputes. This appeal centers on the broader question of how state law should be applied in patent and trade dress cases.
Atturo Tire Corp. is represented by Brian Bianco, Julia Lissner, Joel Bertocchi, and Kristen Fiore of Akerman LLP, while Toyo Tire Corp. is represented by Matthew Lowrie and Kimberly Dodd of Foley & Lardner LLP.
The case is Atturo Tire Corp. v. Toyo Tire Corp., case number 24-903, in the Supreme Court of the United States.
