Finally, the Federal Court of Appeals for the 2nd Circuit (Federal Court) will have an opportunity to rule on mailbox cases in Brazil. On March 24th, the Federal Court will hear an appeal filed by the Brazilian Patent Office (INPI) against the decision rendered by Judge Brandão of the 25th Federal District Court who rejected the lawsuits arising from the cases stating that the suits were a violation of the “legitimate expectation” principle.  The panel will comprise Reporting Appellate Judge, the Honorable Messod Azulay from the 2nd Panel of the Court of Appeals and the Honorable Simone Schreiber.

The potential good news for the patent owners is that the Honorable Andre Fontes (who is known to be anti-patent) will not be present during the hearing as he is away on holiday. A member of the First Panel, probably the Honorable Abel Gomes, will be third Appellate Judge in the hearing. Therefore, the composition of the panel appears to be favorable for the patent owners.  Reporting Appellate Judge Azulay is expected to reject INPI’s appeal and maintain the trial court decision.

Currently, fourteen appeals are pending before the Federal Court (eight in the first specialized panel and six in the second specialized panel).

This post was written by Lisa Mueller and Roberto Rodrigues and Mario Reis of Licks Attorneys