No. 2007-1504.

528 F.3d 1329 (2008)

Corliss O. BURANDT, Plaintiff-Appellant, v. Jon W. DUDAS, Director, United States Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 10, 2008.

Attorney(s) appearing for the Case

Scott F. Yarnell, Hunton & Williams LLP, of McLean, VA, argued for plaintiff-appellant. Of counsel on the brief were Donna M. Praiss, Elizabeth M. Wieckowski, and Eugene C. Rzucidlo, of New York, NY; and George M. Macdonald, Law Office of George M. Macdonald, of New Canaan, CT.

Mary L. Kelly, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendant-appellee. With her on the brief were Stephen Walsh, Acting Solicitor, and Thomas L. Stoll, Associate Solicitor.

Before NEWMAN, LOURIE, and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

Corliss O. Burandt ("Burandt") appeals from the decision of the United States District Court for the Eastern District of Virginia granting summary judgment in favor of the Director ("Director") of the U.S. Patent and Trademark Office ("PTO") and affirming the Director's denial of Burandt's request to reinstate his patent for failure to pay the maintenance fee. Because the district court did not err in upholding the Director's denial of Burandt...

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