Tafas v. Kappos

 
APPEAL NO.
08-1352
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Michel

Question(s) Presented

“Kappos and the U.S. Patent and Trademark Office (‘USPTO’) (collectively ‘Kappos’)┬áhave filed a joint motion for dismissal of the appeal and to vacate the judgment of the district court below.”

Holding

“The parties’ joint motion for dismissal of the appeal is proper because┬áthe USPTO has rescinded the rules that formed the basis of this litigation.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.”