Federal Circuit Summary for Week Ending November 25, 2022
In re Sound View Innovations, LLC, No. 2022-161 (Nov. 22, 2022) (nonprecedential); On Petition for Writ of Mandamus to the USPTO in No. 90/015,011 (Patent No. 6,708,213)
- A writ of mandamus may not be used merely as a short cut to avoid an ex parte reexamination following a non-instituted IPR, because the grant of the reexamination can be appealed under 35 U.S.C. § 325(d) after a final decision by the PTAB.
In re: Knauf Insulation, Inc., No. 2022-166 (Nov. 22, 2022) (nonprecedential); On Petition for Writ of Mandamus to the USPTO in Nos. 90/014,801 (Patent No. 9,464,207) and 90/014,807 (Patent No. 9,926,464)
- A patent owner should challenge the grant of serial requests for ex parte reexaminations—that raise new art and issues—as part of the normal appeal process rather than by a writ of mandamus.