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UNIVERSITY OF MASSACHUSETTS v. KAPPOS

Civil Action No. 10-00894 (ESH).

903 F.Supp.2d 77 (2012)

UNIVERSITY OF MASSACHUSETTS, et al., Plaintiffs, v. Hon. David J. KAPPOS, Defendant.

United States District Court, District of Columbia.

November 9, 2012.

Attorney(s) appearing for the Case

Christopher Michael Loveland , Sheppard, Mullin, Richter & Hampton LLP, Washington, DC, William A. Scofield, Jr. , Lathrop & Gage LLP, Boston, MA, for Plaintiffs.

Fred Elmore Haynes , U.S. Attorney's Office, Washington, DC, for Defendant.

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Plaintiffs University of Massachusetts and Medarex, Inc. have sued David J. Kappos, the Under Secretary of Commerce for Intellectual Property and the Director of the U.S. Patent and Trademark Office ("PTO"). Plaintiffs bring this suit under 35 U.S.C. § 154 and the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 et seq., claiming that defendant improperly determined...

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