Norte: This order is nonprecedential. Gnited States Court of Appeals
for the Federal Circuit
IN RE CONAIR CORPORATION,
Petitioner. .
Miscellaneous Docket No. 987
On Petition for Writ of Mandamus to the United States District Court for the Eastern District of Pennsylvania in case no. 10-CV-1497, Judge Cynthia M. Rufe.
ON PETITION
Before RADER, Chief Judge, LOURIE and O’MALLEY,
Circuit Judges.
ORDER
Conair Corporation seeks a petition for a writ of mandamus directing the United States District Court for the Eastern District of Pennsylvania to vacate its order denying Conair’s motion to dismiss Bruce A. Rogers’ 35 U.S.C. § 292 qui tam relator suit. Conair also moves for2 IN RE CONAIR CORPORATION 2 an order to show cause why an order of contempt should not be issued.
On September 16, 2011, the President signed into law the Leahy-Smith America Invents Act, H.R. 1249, 112th Cong. (1st Sess. 2011), amending 35 U.S.C. § 292 and including the following text regarding the effective date of this provision: “The amendments made by this subsection shall apply to all cases, without exception, that are pending on, or commenced on or after, the date of the enactment of this Act.” Leahy-Smith America Invents Act, § 16(b)(4).
In light of the enactment of the Leahy-Smith America Invents Act, we deem it the better course to deny Conair’s petition in order for the district court to address the potential effect of the Act on this case in the first instance. To the extent necessary, Conair can petition for a writ of mandamus seeking the same relief after such issues are resolved.
Accordingly, It Is ORDERED THAT: (1) The petition is denied. (2) The motion for order to show cause is denied. (8) The stay is lifted.
For THE CoURT SEP 23 201 /si Ja
n Horbaly Date Jan Horbaly
Clerk
FILED
ST.C
HE FEDERAL GROUT SEP 23 201
JAN HORBALY
CLERK
33 IN RE CONAIR CORPORATION ce: Edward T. Kang, Esq.
Joshua R. Slavitt, Esq. Clerk, United States District Court for the Eastern District Of Pennsylvania 819