A dispute between the judicial and executive branch continues to intensify in Alabama over the TTAB’s refusal to comply with a federal district court judge’s order vacating a TTAB precedential decision. At stake are two important questions: (1) whether private parties may by agreement obtain a consent judgment ordering vacatur of a precedential TTAB decision where the reviewing court was not presented with the administrative record; and (2) whether an executive agency has the authority to refuse compliance with a federal district court’s order.
