MADSTAD ENGINEERING v. U.S. PATENT & T.M. OFFICE

Nos. 2013-1511, 2013-1512.

756 F.3d 1366 (2014)

MADSTAD ENGINEERING, INC. and Mark Stadnyk, Plaintiffs-Appellants, v. UNITED STATES PATENT AND TRADEMARK OFFICE, Michelle K. Lee, Deputy Director, United States Patent and Trademark Office, and United States, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 1, 2014.


Attorney(s) appearing for the Case

Jonathan S. Massey , P.C., Massey & Gail LLP, of Washington, DC, argued for plaintiffs-appellants.

Mark R. Freeman , Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Stuart F. Delery , Assistant Attorney General, A. Lee Bentley, III , Acting United States Attorney, and Scott R. McIntosh , Attorney. Of counsel on the brief were Nathan K. Kelley , Deputy General Counsel for Intellectual Property Law and Solicitor, Scott C. Weidenfeller and Amy J. Nelson , Associate Solicitors, United States Patent and Trademark Office, of Alexandria, Virginia.

Before NEWMAN, O'MALLEY, and WALLACH, Circuit Judges.


O'MALLEY, Circuit Judge.

In this constitutional challenge, Mark Stadnyk and MadStad Engineering, Inc. (collectively, "MadStad") filed suit against the United States Patent and Trademark Office ("PTO"), its then director, David Kappos, in his official capacity, and the United States of America (collectively, "the Government") in the United States District Court for the Middle District of Florida. MadStad Eng'g, Inc. v. U.S. Patent & Trademark Office, No...

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