This morning the Federal Circuit released two nonprecedential orders in patent cases denying petitions for writs of mandamus. Notably, both petitions sought to order the U.S. Patent and Trademark Office to terminate pending ex parte reexamination proceedings. The court also released an order dismissing an appeal. Here is text from the orders and a link to the dismissal.
In re Knauf Insulation, Inc. (Nonprecedential Order)
Knauf Insulation, Inc. and Knauf Insulation SPRL (collectively, “Knauf”) petition for a writ of mandamus to instruct the United States Patent and Trademark Office (“PTO”) to terminate pending ex parte reexamination proceedings. Knauf also moves for a stay of the reexamination proceedings pending review of its mandamus petition. The PTO, as well as Johns Manville Corp. and Johns Manville Inc. (collectively, “Johns Manville”), oppose the petition and the motion. Knauf replies.
* * *
A writ of mandamus is a “drastic and extraordinary remedy” reserved for “exceptional circumstances.” Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380 (2004) (internal quotation marks and citations omitted). A petitioner must show that it has no other adequate means to obtain the desired relief and has a “clear and indisputable” right to the writ. Id. at 380–81 (internal quotation marks and citations omitted). And even when those two requirements are met, the issuing court, in the exercise of its discretion, must still be satisfied that the writ is appropriate under the circumstances. Id. at 381. This demanding standard has not been met here.
In re Sound View Innovations, LLC (Nonprecedential Order)
Sound View Innovations, LLC petitions for a writ of mandamus to vacate the United States Patent and Trademark Office’s (“PTO”) order granting a request for ex parte reexamination and to remand with instructions to terminate proceedings. The Director of the PTO opposes the petition. Sound View replies. We deny the petition.