SOMERSET PHARMACEUTICALS, INC. v. DUDAS

No. 2007-1447.

500 F.3d 1344 (2007)

SOMERSET PHARMACEUTICALS, INC., Plaintiff-Appellant, v. Jon W. DUDAS, in his official capacity as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Precedential Opinion Issued October 4, 2007.


Attorney(s) appearing for the Case

John M. Faust, Vinson & Elkins L.L.P. of Washington, DC, for plaintiff-appellant. With him on the brief were Tracey B. Davies and Margaret J. Sampson, of Austin, Texas.

Stephen Walsh, Acting Solicitor, Solicitor's Office, United States Patent and Trademark Office, of Arlington, Virginia for defendant-appellee. With him on the brief were Nathan K. Kelley, Janet Gongola, and William LaMarca, Associate Solicitors.

Before MICHEL, Chief Judge, PROST, and MOORE, Circuit Judges.


MOORE, Circuit Judge.

Somerset Pharmaceuticals, Incorporated (Somerset) appeals from an order by the United States District Court for the District of Delaware denying Somerset's request for a preliminary injunction. See Somerset Pharms., Inc. v. Dudas, No. 07-279 (D.Del. Jun. 29, 2007). We dismiss Somerset's request to compel the United States Patent and Trademark Office (PTO) to issue a decision as moot; otherwise we affirm.

BACKGROUND

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