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SSBG v. KAPPOS

No. 1:09cv935.

675 F.Supp.2d 629 (2009)

SIGRAM SCHINDLER BETEILIGUNGSGESELLSCHAFT MBH, Plaintiff, v. David J. KAPPOS in his official capacity as Undersecretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

December 18, 2009.

Attorney(s) appearing for the Case

Tommy Port Beaudreau, Fried Frank Harris Shriver & Jacobson LLP, Washington, DC, for Plaintiff.

Dennis Carl Barghaan, Jr., United States Attorney's Office, Alexandria, VA, for Defendants.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

In this declaratory judgment action, plaintiff ("SSBG"), a patent owner in the midst of an ex parte reexamination appeal to the Board of Patent Appeals and Interferences ("BPAI"), challenges a Patent and Trademark Office ("PTO") regulation—37 C.F.R. § 1.303—as being "in excess of [its] statutory jurisdiction, authority, or limitations, or short of statutory right."

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