Tafas v. Dudas Concludes: CAFC Must Choose Whether to Vacate District Court’s Precedent

The USPTO has announced that it is rescinding the continuation rules package being litigated in Tafas v. Dudas. GSK has reportedly agreed to request that the Federal Circuit dismiss their appeal and to vacate the district court decision below.  According to his attorney, Tafas has not agreed to seek vacatur of the district court opinion and instead believes that the district court’s precedential decision should be to maintained in order to limit the USPTO’s substantive rulemaking power.