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REIN v. U.S. PATENT & TRADEMARK OFFICE

No. 07-1738.

553 F.3d 353 (2009)

Bert W. REIN; Hunton & Williams, Plaintiffs-Appellants, v. UNITED STATES PATENT & TRADEMARK OFFICE; United States Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2009.

Attorney(s) appearing for the Case

ARGUED: John Jay Range, Hunton & Williams, Washington, D.C., for Appellants. Gerard John Mene, Office of the United States Attorney, Alexandria, Virginia, for Appellees. ON BRIEF: Edward P. Noonan, Hunton & Williams, Richmond, Virginia, for Appellants. Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Judge AGEE wrote the opinion, in which Judge WILKINSON and Judge COPENHAVER joined.

OPINION

AGEE, Circuit Judge:

Bert W. Rein and Hunton & Williams (collectively "R & HW") appeal the district court's award of summary judgment to the United States Patent & Trademark Office ("USPTO") and Department of Commerce ("DOC") (collectively "the Agencies") in their civil action alleging the Agencies did not conduct an adequate search for documents they requested under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (2000)...

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