This morning the Federal Circuit issued a modified precedential order granting a motion to substitute a successor-in-interest in an appeal of an inter partes reexamination of a design patent. Compared to the original order, the modified order differs primarily in that Judge Dyk modified parts of the original order and Judge O’Malley now dissents from the grant of the motion. Here is the introduction to the modified order and the text of Judge O’Malley’s dissent.

Mojave Desert Holdings, LLC v. Crocs, Inc. (Precedential Order)

U.S.A. Dawgs, Inc. appeals from a United States Patent and Trademark Office (USPTO) decision finding Crocs, Inc.’s design patent (No. D517,789) patentable. U.S.A. Dawgs and Mojave Desert Holdings, LLC move to substitute Mojave as U.S.A. Dawgs’s successor-in-interest. For the reasons stated below, we grant U.S.A. Dawgs and Mojave’s motion to substitute.

O’Malley, Circuit Judge, dissenting.

For the reasons given in the Appellee’s Motion for Reconsideration, I respectfully dissent from the Majority’s modified order.