CAFC Patent Cases, 4/20/21-5/4/21

Precedential Federal Circuit Opinions

1. MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC. [ORDER] (2020-1167, 4/21/2021) (Newman, Dyk, O'Malley)*    
   Dyk, J. The Court granted a motion by U.S.A. Dawgs, Inc. and Mojave Desert Holdings, LLC to substitute Mojave as U.S.A. Dawgs's successor-in-interest in its appeal from a USPTO inter partes reexamination decision finding a Crocs design patent patentable. The Court explained: "Where, as here, the requester's right has been transferred together with any liability for past infringement, there is no reason that the requester's right to challenge the Board's decision cannot be effectively transferred.... We hold that ... the requester's right (including its right to appeal) may be transferred at least when it occurs as part of the transfer of the requester's past infringement liability." Judge O'Malley dissented for the reasons given in the Appellee's Motion for Reconsideration.