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« FDA Grants Baxter's Petition for Second 30-Month Stay Relating to Suprane | Main | Federal Circuit Allows Par's Appeal of ASACOL Declaratory Judgment Decision to Proceed »

June 30, 2011



Does this call into question the CAFC's Tivo v. Echostar en banc decision from April? The parties settled the matter post-opinion but before the mandate, and jointly asked the CAFC to dismiss the pending appeal as moot. The CAFC refused, by en banc order of May 10, to dismiss the appeal:

"...we determine that granting the motion to dismiss, which would result in a modification or vacatur of our en banc judgment, is neither required nor a proper use of the judicial system."

Will someone make the argument that the opinion, even though en banc, is not controlling law??

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