SYNTEX (U.S.A.) INC. v. U.S. PTO

No. 88-1652.

882 F.2d 1570 (1989)

SYNTEX (U.S.A.) INC., Plaintiff-Appellant, v. U.S. PATENT & TRADEMARK OFFICE, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 15, 1989.


Attorney(s) appearing for the Case

David A. Lowin, Syntex (U.S.A.) Inc., Palo Alto, Cal., argued for plaintiff-appellant. With him on the brief was Tom M. Moran. Also on the brief were Harold C. Wegner and Douglas P. Mueller, Wegner & Bretschneider, Washington, D.C., of counsel.

John C. Hoyle, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen., Henry E. Hudson, U.S. Atty. and John F. Cordes. Also on the brief were Fred E. McKelvey, Solicitor, John C. Martin, Nancy C. Slutter and Richard E. Schafer, Associate Solicitors, Patent & Trademark Office, Arlington, Va.

Before NIES and BISSELL, Circuit Judges, and BALDWIN, Senior Circuit Judge.


NIES, Circuit Judge.

Syntex (U.S.A.) Inc. appeals from the final order of the United States District Court for the Eastern District of Virginia, Syntex (U.S.A.) Inc. v. Quigg [United States Commissioner of Patents and Trademarks], No. 88-0527-A, slip op. (E.D.Va. July 22, 1988) (Hilton, J.), dismissing Syntex's complaint on jurisdictional grounds. Syntex brought suit against the United States Patent and Trademark Office (PTO), alleging violation of its alleged...

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