Mandate Rule

  • Mandate Rule Bars Relitigation Of Issues Explicitly Or Implicitly Decided On Appeal, Absent Extraordinary Circumstances: Mandate rule “‘forecloses reconsideration of issues implicitly or explicitly decided on appeal.’ For an issue to be implicitly decided, it must be ‘decided by necessary ’ Moreover, in interpreting this court’s mandate, ‘both the letter and the spirit of the mandate must be considered.’” TecSec (Fed. Cir. 10/02/13) (mandate rule did not preclude contesting claim constructions from earlier suit that led to R. 36 affirmance) (citations omitted) (2-1); Retractable (Fed. Cir. 07/07/14) (where Fed. Cir. had rev’d infringement as to one of two products jury found infringing but not remanded for a new trial on damages, the failure to appeal damages award precluded, under mandate rule, a new trial or reduction on remand of the damages awarded by the jury); Smith & Nephew (Fed. Cir. 03/18/15) (non-precedential) (mandate rule does not preclude deciding on remand issue (here, lost profits) that neither trial court (because it was moot) nor appellate court reached on prior appeal). A court “may only deviate from a decision in a prior appeal if ‘extraordinary circumstances’ exist.” Arcelormittal II (Fed. Cir. 05/12/15) (PTO reissue allowed dependent claim with broader scope than Fed. Cir.’s prior construction of the independent claim: not an extraordinary-circumstances exception to mandate rule, so trial court bound by prior case construction; hence reissue’s independent claim invalid for broadening.)

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