Patent Law Alert: Parties Move to Stay the En Banc hearing in Tafas v. Doll
7/28/2009

On July 24, 2009 the parties jointly filed a motion to stay the proceedings at the Federal Circuit pending the induction of David Kappos as the new Director of the USPTO. The motion indicated that the proceedings could be rendered moot:

A stay of proceedings before the en banc court is requested to give the new Director, if confirmed, an opportunity to examine the rules at issue in this case and determine what course the USPTO should take in the future with respect to those rules, including whether to rescind the rules. Depending on how the Director decides to proceed, the legal issues currently before the en banc Court may be significantly altered or may even be rendered moot, making it unnecessary for the Court to take further action.

Kappos was nominated by President Obama on June 18, 2009 and confirmation hearings are scheduled for the set by the Senate Judiciary Committee for July 29, 2009. The motion asks for a stay of 60 days after the nomination is confirmed.