In a 10–2 decision that included two concurrences and two
dissents, the US Court of Appeals for the Federal Circuit denied a
patent owner's petition to hear part of its appeal en
banc in order to resolve whether a patent right is a public
right. Cascades Projection LLC v. Epson America, Inc.,
Case No. 17-1517; -1518 (Fed. Cir., May 11, 2017) (per
curiam) (Newman, J, concurring) (Dyk, J, concurring, joined by
Prost, CJ, and Hughes, J) (O'Malley, J, dissenting) (Reyna, J,
dissenting).
In its petition for an en banc hearing, Cascades
Projection argued that a patent right is not a public right and
that therefore an administrative agency such as the US Patent and
Trademark Office (PTO) cannot lawfully revoke a patent right,
because doing so amounts to the exercise of judicial power. Cascade
requested that the Federal Circuit initially hear part of its
appeal en banc to resolve whether a patent right is a
public right. Although the Court declined the petition to
