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BENDER v. DUDAS

No. 2006-1243.

490 F.3d 1361 (2007)

S. Michael BENDER, Plaintiff-Appellant, v. Jon W. DUDAS, Director, Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 21, 2007.

Attorney(s) appearing for the Case

S. Michael Bender, of St. Petersburg, Florida, argued for plaintiff-appellant. With him on the brief was Ross A. Nabatoff, Brand Law Group, of Washington, DC.

Sydney O. Johnson, Jr., Associate Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for defendant-appellee. With him on the brief were John M. Whealan, Solicitor, and Janet Gongola, Associate Solicitor.

Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

LINN, Circuit Judge.

S. Michael Bender ("Bender") appeals from a final decision by the United States District Court for the District of Columbia that granted summary judgment upholding a disciplinary action taken by the director of the United States Patent and Trademark Office (the "PTO" or "agency") to exclude Bender from practicing before the PTO. Bender v. Dudas, No. 04-CV-1301, 2006 WL 89831 (D.D.C. Jan. 13, 2006) ("SJ Order"). Because the PTO's...

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