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CHUDIK v. HIRSHFELD

2020-1833.

987 F.3d 1033 (2021)

Steven C. CHUDIK, Plaintiff-Appellant v. Andrew HIRSHFELD, Performing the Functions and Duties of the 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.

Decided: February 8, 2021.

Attorney(s) appearing for the Case

Eric Ryan Waltmire , Erickson Law Group, PC, Wheaton, IL, argued for plaintiff-appellant.

Catherine Yang , Office of the United States Attorney for the Eastern District of Virginia, United States Department of Justice, Alexandria, VA, argued for defendant-appellee. Also represented by G. Zachary Terwilliger ; Kakoli Caprihan , Daniel Kazhdan , Thomas W. Krause , Brian Racilla , Farheena Yasmeen Rasheed , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Taranto, Bryson, and Hughes, Circuit Judges.

Dr. Steven Chudik applied to the Patent and Trademark Office (PTO) for a patent on his "Guide for Shoulder Surgery" on September 29, 2006. When the assigned PTO examiner issued a second rejection of all then-pending claims as unpatentable in 2010, Dr. Chudik took a step that would turn out to have consequences for the patent...

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