FIGUEROA v. UNITED STATES

No. 05-5144.

466 F.3d 1023 (2006)

MIGUEL FIGUEROA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 11, 2006.


Attorney(s) appearing for the Case

Heath W. Hoglund, Hoglund & Pamias, P.S.C., of San Juan, Puerto Rico and Robert H. Rines, Rines & Rines, of Concord, New Hampshire argued for plaintiff-appellant.

Brian A. Mizoguchi, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief was Michael B. Briskin, Associate Counsel, United States Patent and Trademark Office, of Arlington, Virginia.

Before NEWMAN, DYK, and PROST, Circuit Judges.


Opinion for the court filed by Circuit Judge DYK. Opinion concurring in the judgment filed by Circuit Judge NEWMAN.

DYK, Circuit Judge.

This is a suit for a refund of patent fees alleged to have been unlawfully exacted. The appellant, Miguel Figueroa ("Figueroa"), contends that the statutory patent fees imposed on him in 2001 and 2002 for filing his patent application and issuing his patent violated art. I, § 8, cl. 8 of the United States Constitution...

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