Originally posted 2016-03-09 17:40:23. Republished by Blog Post Promoter
This post has been updated considerably to reflect related events, which were reported elsewhere, including this thorough rundown at the World Trademark Review, which quotes interesting commentary by our friend and blogger colleague John Welch, who makes the same point at his own TTABlog here concerning the issue of whether an appellate court’s mandate can, upon application by a party, be “recalled.”
The original subject matter of this post had been the PTO’s motion for an extension of time to seek a writ of certiorari from the Supreme Court in In re Tam. For readers’ convenience I had originally embedded that paper here, but it no longer seems interesting or necessary.
I have replaced it with the most recent party filing in the matter, however:
UPDATE: Federal Circuit is unimpressed.