24-1706·CIVIL

Josh Malone v. United States Patent & Trademark Office

Status

Scheduled
Argued
Opinion Issued (current)

Question Presented

Whether district court erred in applying FOIA's Exemption 5 to communications between Administrative Patent Judge panels and non-panel APJs concerning Inter Partes Review trials.

Argument Date

March 18, 2026

Argument Time

9:30 a.m.

Panel

Courtroom

Gold Courtroom (Room 348)

Lower Court Judge

Hilton

Panel

Judge Wilkinson

Judge Niemeyer

Judge King

Citation

CaseJosh Malone v. United States Patent & Trademark Office, No. 24-1706 (4th Cir. May 5, 2026)

PanelWilkinson, Niemeyer & King, JJ.

Arguing Counsel

Brett Mangrum

per CA4 audio archive

Matthew Mezger

per CA4 audio archive

Panel That Day

2 of 3 cases argued March 18, 2026 before this panel have been decided.

Decided

24-1056

Island Creek Coal Company v. DOWCP

Opinion Issued

Authored by Per Curiam

24-1706· This case

Josh Malone v. United States Patent & Trademark Office

Opinion Issued

Still Pending

25-1877

Muminatou Bah v. Sampson Bladen Oil Company, Inc.

Argued

Oral Argument Audio

Download MP3 ↗

Opinions

Majority
May 5, 2026
Read opinion ↗