How does the mandate rule affect Federal Circuit appeals in patent cases?

The mandate rule plays a crucial role in Federal Circuit appeals for patent cases. It ensures that lower courts and administrative bodies, such as the Patent Trial and Appeal Board (PTAB), comply with the appellate court’s decisions. Key aspects of the mandate rule include:

• Binding nature: Lower tribunals must adhere to the Federal Circuit’s mandate.
• Scope limitation: The mandate defines the extent of further proceedings.
• Consistency requirement: Subsequent actions must align with the appellate court’s decision.

As MPEP 1216.01 states: “The court’s mandate is controlling as to matters within its compass.” This means that the PTAB and other lower tribunals must carefully follow the Federal Circuit’s instructions when a case is remanded or when implementing the court’s decision.

To learn more:

• Federal Circuit
• mandate rule
• patent appeals
• PTAB
• legal procedure