“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.”
“The parties’ joint motion for dismissal of the appeal is proper because the USPTO has rescinded the rules that formed the basis of this litigation. The appeal is therefore moot and dismissal of the appeal is not only appropriate, but required.” “Vacatur, held the Court, is appropriate if the mootness arises from external causes over which the parties have no control, or from the unilateral act of the prevailing party, but not when the mootness is due to a voluntary act by the losing party, such as a settlement.”
