Friday, July 09, 2010

CAFC says "no" to Taylor's 1 billion dollar claim against the USPTO

The issue:

this appeal, Mr. Taylor seeks to re-open the proceedings
to adjudicate his original request, in the complaint, to be
awarded $1 billion in damages from the PTO. Because
the district court properly implemented this court’s man-
date, we affirm.

The opinion ends:

If Mr. Taylor was dissatisfied with the relief accorded
by this court’s earlier opinion, he could have petitioned for
rehearing or moved to recall the mandate. See James
Wm. Moore et al., Moore’s Federal Practice ¶ 134.23[3]
(3d ed. 1997). Because he failed to seek any such relief in
this court at the time of the initial appeal, he cannot now
challenge the district court’s compliance with our instruc-
tions on remand. Accordingly, we uphold the district
court’s December 8, 2009, order directing the PTO to
refund Mr. Taylor’s $1030 patent maintenance fee and to
reinstate Mr. Taylor’s patent upon receipt of his payment
of all outstanding maintenance fees, but granting no
further relief.


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