Tafas v. Kappos
Citation | 586 F.3d 1369 |
Decision Date | 13 November 2009 |
Docket Number | No. 2008-1352.,2008-1352. |
Parties | Triantafyllos TAFAS, Plaintiff-Appellee, and SmithKline Beecham Corporation (doing business as GlaxoSmithKline), Smithkline Beecham PLC, and Glaxo Group Limited (doing business as GlaxoSmithKline), Plaintiffs-Appellees, v. David J. KAPPOS, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, and United States Patent and Trademark Office, Defendants-Appellants. |
Court | United States Courts of Appeals. United States Court of Appeals for the Federal Circuit |
Before MICHEL, Chief Judge, NEWMAN, MAYER, RADER, BRYSON, GAJARSA, LINN, DYK, PROST, and MOORE, Circuit Judges.1
Plaintiffs-Appellees SmithKline Beecham Corp., SmithKline Beecham PLC, and Glaxo Group Limited (collectively "GlaxoSmithKline") and Defendants-Appellants David J. Kappos and the U.S. Patent and Trademark Office ("USPTO") (collectively "Kappos") have filed a joint motion for dismissal of the appeal and to vacate the judgment of the district court below. Plaintiff-Appellee Triantafyllos Tafas has filed a response, joining in GlaxoSmithKline and Kappos' joint motion for dismissal of the...
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Cornish v. Dudas ., Civil Action No. 07-1719 (RWR).
...... IV. TAFAS CLAIM In his amended complaint, Cornish challenges the same USPTO Final Rules challenged in Tafas v. Dudas, 541 F.Supp.2d 805 ... See Tafas v. Kappos, 586 F.3d 1369, 1371 (Fed.Cir.2009). “ ‘Federal courts lack jurisdiction to decide moot cases because their constitutional ......
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......Thus, the court lacks [885 F.Supp.2d 206] subject matter jurisdiction to hear Cornish's official capacity claims. II. TAFAS CLAIMS As he did in Cornish I, Cornish challenges as unconstitutional the USPTO's August 2007 “Final Rules” and seeks a ... (citing Tafas v. Kappos, 586 F.3d 1369, 1371 (Fed.Cir.2009)). Here, Cornish's amended complaint refers repeatedly to the Tafas litigation and the “Final Rules published ......
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...rules. Tafas v. Dudas , 541 F. Supp. 2d 805, 808, 817 (E.D. Va. 2008). The Federal Circuit vacated this injunction in Tafas v. Kappos , 586 F.3d 1369, 1371 (Fed. Cir. 2009), but the USPTO later withdrew the proposed regulation changes. Press Release 09-21, U.S. Patent and Trademark Office, ......
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...to make—namely, procedural rules.” Tafas v. Dudas, 541 F. Supp. 2d 805, 812 (E.D. Va. 2008), reinstated sub nom. Tafas v. Kappos, 586 F.3d 1369, 1371 (Fed. Cir. 2009). The USPTO acquiesced and bound itself when it moved to dismiss the Tafas appeal on grounds of mootness. 40. This is explore......