BLACKLIGHT POWER, INC. v. DICKINSON

Civil Action No. 00-422(EGS).

109 F.Supp.2d 44 (2000)

BLACKLIGHT POWER, INC., Plaintiff, v. Q. Todd DICKINSON, Commissioner of Patents and Trademarks, Defendant.

United States District Court, District of Columbia.

August 15, 2000.


Attorney(s) appearing for the Case

Michael H. Selter, Farkas & Manelli, P.L.L.C., Jeffrey Allan Simenauer, Washington, DC, for Plaintiff.

Fred E. Haynes, U.S. Attorney's Office, Washington, DC, Kevin Gerard Baer, Patent & Trademark Office, Office of the Solicitor, Arlington, VA, for Defendant.


MEMORANDUM OPINION AND ORDER

SULLIVAN, District Judge.

I. Introduction

Plaintiff Blacklight Power, Inc., alleges that defendant Q. Todd Dickinson, Commissioner of the Patent and Trademark Office (PTO), violated the Administrative Procedure Act (APA), 5 U.S.C. § 706 et seq., when the PTO withdrew one and threatened to withdraw four others of plaintiff's patents from issue after plaintiff had received a "Notice of Allowance and Issue...

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