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GOLDSTEIN v. MOATZ

Nos. 05-1144, 05-1399.

445 F.3d 747 (2006)

Richard W. GOLDSTEIN, Plaintiff-Appellant, v. Harry I. MOATZ, Director, Office of Enrollment and Discipline; Nicholas Godici, Defendants-Appellees, and Lawrence Anderson; James E. Rogan, Under Secretary of Commerce for Intellectual Property and Director of USPTO; James A. Toupin; David M. Purol, USPTO, Patent Examiner; United States of America; John Does, 1-5, Defendants. Richard W. Goldstein, Plaintiff-Appellant, v. Harry I. Moatz, Director, Office of Enrollment and Discipline; Nicholas Godici, Defendants-Appellees, and Lawrence Anderson; James E. Rogan, Under Secretary of Commerce for Intellectual Property and Director of USPTO; James A. Toupin; David M. Purol, USPTO, Patent Examiner; United States of America; John Does, 1-5, Defendants. American Civil Liberties Union of Virginia, Incorporated, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 2006.

Attorney(s) appearing for the Case

ARGUED: Victor Michael Glasberg, Alexandria, Virginia, for Appellant. Steven E. Gordon, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellees. ON BRIEF: Paul Gowder, Victor M. Glasberg & Associates, Alexandria, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellees. Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Amicus Supporting Appellant.

Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Affirmed in part and dismissed in part by published opinion. Judge KING wrote the opinion, in which Judge WILLIAMS and Judge MOTZ joined.

KING, Circuit Judge.

Appellant Richard W. Goldstein, a patent lawyer, appeals the district court's dismissal, on mootness grounds, of his civil action against certain officials in the Patent and Trademark Office (the "PTO"), and the PTO's Office of Enrollment and Discipline (the "OED"). He also appeals the court's denial...

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