This morning, the Federal Circuit released two nonprecedential orders and an erratum. One order denies a petition for a writ of mandamus. The other grants a motion to remand for further proceedings. The erratum makes grammatical changes to a precedential opinion released yesterday. Late yesterday, the Federal Circuit also released a nonprecedential order dismissing a petition for review. Here is text from today’s orders and links to the erratum and yesterday’s dismissal.
In re Bertini (Nonprecedential Order)
Charles Bertini petitions for a writ of mandamus directing the United States Patent and Trademark Office (PTO) to decide his pending petition to cancel one of Apple Inc.’s marks and award him attorney fees. Apple and the Director of the PTO oppose. Mr. Bertini replies.
* * *
Accordingly,
IT IS ORDERED THAT:
The petition is denied.
In re Xencor, Inc. (Nonprecedential Order)
Xencor, Inc. has filed its opening brief challenging the final written decision of the Patent Trial and Appeal Board rejecting its patent claims. The Director of the United States Patent and Trademark Office (“USPTO”) now moves to waive Federal Circuit Rule 27(f) and remand so that the USPTO’s Appeals Review Panel can be convened to “clarify the USPTO’s position on the proper analysis of Jepson-format and means-plus function claims in the field of biotechnology, and particularly in the antibody art,” and issue “a revised decision.” Xencor opposes the motion.
* * *
Accordingly,
IT IS ORDERED THAT:
- The motion to remand for further proceedings consistent with this order and the motion is granted.
- Costs to Xencor.