By Donald Zuhn --
On July 24, the Department of Justice (DOJ) filed a joint motion with Plaintiffs-Appellees Dr. Triantafyllos Tafas and GlaxoSmithKline seeking to stay briefing and oral argument in Tafas v. Kappos (previously Tafas v. Doll) until 60 days after the U.S. Senate confirmed new Director David Kappos (see "Could the 'New Rules' Nightmare Finally Be Over?"). Director Kappos was confirmed on August 7 and sworn in on August 13. The parties' joint motion was filed a little less than three weeks after the Court of Appeals for the Federal Circuit ordered en banc review of the appeal in Tafas v. Doll (see "Federal Circuit Grants En Banc Review in Tafas v. Doll").
the Federal Circuit issued an order
granting the parties' joint motion for a stay of en banc proceedings. The order states that
"the appellants' additional en banc brief is due within 60 days of the
date of filing of this order [i.e.,
October 5, 2009]." The order
also requires the parties to file copies of their original briefs by October 5.