Briefs for upcoming “panel-stacking” oral argument

The oral argument in Nidec Motor Corporation v. Zhongshan Broad Ocean Motor Co. is scheduled for this Thursday. The more interesting issue in this appeal is whether the USPTO improperly stacked the PTAB re-hearing panel to arrive at a preordained outcome.

The USPTO has intervened in the appeal.  Its brief is presented as the intervenor’s brief.  Also, BIO has filed an amicus brief in the appeal.

The briefs are available below:

Appellant’s brief: [link]

Appellee’s brief: [link]

Intervenor’s brief: [link]

Amicus brief: [link]

Reply brief: [link].

The Federal Circuit’s en banc opinion in In re Alappat is available [here].

The Supreme Court’s Cuozzo v. Lee opinion is available [here].

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