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Case TitleUS INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02894
Date Filed2021-11-02
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffUS INVENTOR, INC.
Case DescriptionU.S. Inventor, Inc. v. U.S. Patent and Trademark Office for records concerning the delegation of authority for patent judges. The agency acknowledged receipt of the request but after hearing nothing further from the agency, U.S. Inventor, Inc. filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUNITED STATES PATENT AND TRADEMARK OFFICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-021COMPLAINT against UNITED STATES PATENT AND TRADEMARK OFFICE ( Filing fee $ 402 receipt number ADCDC-8840211) filed by US INVENTOR, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(Medich, Brian) (Entered: 11/02/2021)
2021-11-032MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William W. Flachsbart, Filing fee $ 100, receipt number ADCDC-8842848. Fee Status: Fee Paid. by US INVENTOR, INC.. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Medich, Brian) (Entered: 11/03/2021)
2021-11-04Case Assigned to Judge Tanya S. Chutkan. (znmg) (Entered: 11/04/2021)
2021-11-04NOTICE OF ERROR re 2 Motion for Leave to Appear Pro Hac Vice; emailed to bmedich@dbllawyers.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. The Declaration must have an original, wet signature. Please file the signed document using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 11/04/2021)
2021-11-043SUMMONS (1) Issued Electronically as to UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachment: # 1 Notice and Consent)(znmg) (Entered: 11/04/2021)
2021-11-044ERRATA Signed Declaration by US INVENTOR, INC. re 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William W. Flachsbart, Filing fee $ 100, receipt number ADCDC-8842848. Fee Status: Fee Paid. filed by US INVENTOR, INC.. (Medich, Brian) (Entered: 11/04/2021)
2021-11-095RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES PATENT AND TRADEMARK OFFICE served on 11/5/2021 (Medich, Brian) (Entered: 11/09/2021)
2021-12-07MINUTE ORDER: Granting 2 Motion for Leave to Appear Pro Hac Vice. William W. Flachsbart is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Tanya S. Chutkan on 12/7/21. (DJS) (Entered: 12/07/2021)
2022-01-026NOTICE of Appearance by Bradley Silverman on behalf of UNITED STATES PATENT AND TRADEMARK OFFICE (Silverman, Bradley) (Entered: 01/02/2022)
2022-01-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/23/2021. Answer due for ALL FEDERAL DEFENDANTS by 1/22/2022. (Attachments: # 1 Exhibit Certified Mail Slips)(Medich, Brian) (Entered: 01/05/2022)
2022-01-208ANSWER to Complaint by UNITED STATES PATENT AND TRADEMARK OFFICE.(Silverman, Bradley) (Entered: 01/20/2022)
2022-01-20MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 2/28/22. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/20/22. (DJS) (Entered: 01/20/2022)
2022-01-20Set/Reset Deadlines: Joint Status Report due by 2/28/2022. (tb) (Entered: 01/20/2022)
2022-02-289Joint STATUS REPORT by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 02/28/2022)
2022-04-29MINUTE ORDER: The parties shall file a joint status report by 5/27/22, and every 60 days thereafter. To the extent the report contains a proposal to change the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/29/22. (DJS) (Entered: 04/29/2022)
2022-05-02Set/Reset Deadlines: Joint Status Report due by 5/27/2022. (tb) (Entered: 05/02/2022)
2022-05-2710Joint STATUS REPORT by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 05/27/2022)
2022-07-2711Joint STATUS REPORT by US INVENTOR, INC.. (Medich, Brian) (Entered: 07/27/2022)
2022-08-07MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall adhere to the following deadlines: Plaintiff to submit its initial motion by August 26, 2022. Defendant to submit its combined reply/cross-motion by September 23, 2022. Plaintiff to submit its combined reply/response by October 21, 2022. Defendant to submit its reply by November 11, 2022. Signed by Judge Tanya S. Chutkan on 8/7/22. (DJS) (Entered: 08/07/2022)
2022-08-10Set/Reset Deadlines: Cross Motion due by 9/23/2022. Response to Cross Motion due by 10/21/2022. Reply to Cross Motion due by 11/11/2022. Motion due by 8/26/2022. Response due by 9/23/2022 Reply due by 10/21/2022. (tb) (Entered: 08/10/2022)
2022-08-2512STIPULATION re Set/Reset Deadlines to Extend Time by US INVENTOR, INC.. (Medich, Brian) (Entered: 08/25/2022)
2022-08-29MINUTE ORDER: Upon consideration of the parties' 12 Joint Stipulation the parties are hereby ORDERED to adhere to the following deadlines: - Plaintiff shall submit its initial motion by September 2, 2022 ; - Defendant shall submit its opposition and cross-motion by September 30, 2022 ; - Plaintiff shall submit its opposition and reply by October 28, 2022 ; and - Defendant shall submit its reply on its cross-motion by November 18, 2022 . The parties are further cautioned that any requests for court action, including changes to briefing schedules, should come in the form of a motion and not a "Joint Stipulation." See Fed. R. Civ. P. 7(b). Signed by Judge Tanya S. Chutkan on 8/29/2022. (lcac) (Entered: 08/29/2022)
2022-08-29Set/Reset Deadlines: Cross Motion due by 9/30/2022. Response to Cross Motion due by 10/28/2022. Reply to Cross Motion due by 11/18/2022. Motion due by 9/2/2022. Response due by 3/30/2022. Reply due by 10/28/2022. (tb) (Entered: 08/29/2022)
2022-09-0213MOTION for Summary Judgment by US INVENTOR, INC.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order)(Medich, Brian) (Entered: 09/02/2022)
2022-09-0914NOTICE of Appearance by Brendan Thomas Moore on behalf of All Defendants (Moore, Brendan) (Entered: 09/09/2022)
2022-09-1415Consent MOTION to Modify Briefing Schedule by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 09/14/2022)
2022-09-20MINUTE ORDER: Defendant's 15 Motion to Modify Briefing Schedule is hereby GRANTED . The parties are hereby ORDERED to adhere to the following deadlines: - Defendant shall submit its opposition and cross-motion to Plaintiff's 13 Motion for Summary Judgment by October 30, 2022 ; - Plaintiff shall submit its opposition and reply by November 27, 2022 ; and - Defendant shall submit its reply on its cross-motion by December 18, 2022 . Signed by Judge Tanya S. Chutkan on 9/20/2022. (lcac) (Entered: 09/20/2022)
2022-09-27Set/Reset Deadlines: Cross Motion due by 10/30/2022. Response to Cross Motion due by 11/27/2022. Reply to Cross Motion due by 12/18/2022. Response to Motion for Summary Judgment due by 10/30/2022. Reply to Motion for Summary Judgment due by 11/27/2022. (tb) (Entered: 09/27/2022)
2022-10-0316NOTICE of Appearance by William W. Flachsbart on behalf of US INVENTOR, INC. (Flachsbart, William) (Entered: 10/03/2022)
2022-10-2817Consent MOTION to Modify Remaining Briefing Schedule by UNITED STATES PATENT AND TRADEMARK OFFICE. (Moore, Brendan) (Entered: 10/28/2022)
2022-10-30MINUTE ORDER: Parties' 17 Consent MOTION to Modify Remaining Briefing Schedule is GRANTED. The parties are hereby ORDERED to adhere to the following deadlines: Defendant opposition and cross-motion due November 13, 2022; Plaintiff opposition and reply due December 12, 2022; and Defendant reply on its cross-motion due January 2, 2023. Signed by Judge Tanya S. Chutkan on 10/30/2022. (lcja) (Entered: 10/30/2022)
2022-11-01Set/Reset Deadlines: Cross Motion due by 11/13/2022. Response to Cross Motion due by 12/12/2022. Reply to Cross Motion due by 1/2/2023. Response to Motion for Summary Judgment due by 11/13/2022. Reply to Motion for Summary Judgment due by 12/12/2022. (tb) (Entered: 11/01/2022)
2022-11-1418Unopposed MOTION to Modify the Scheduling Order by UNITED STATES PATENT AND TRADEMARK OFFICE. (Moore, Brendan) (Entered: 11/14/2022)
2022-11-15MINUTE ORDER: Defendant's 18 Unopposed Motion to Modify the Scheduling Order is GRANTED. The current briefing schedule is modified as follows: Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment is due November 17, 2022; Plaintiff's Opposition to Defendant's Cross-Motion for Summary Judgment and Reply is due December 15, 2022; and Defendant's Reply on its Cross-Motion is due January 5, 2023. Signed by Judge Tanya S. Chutkan on 11/15/2022. (lcja) (Entered: 11/15/2022)
2022-11-15Set/Reset Deadlines: Cross Motion due by 11/17/2022. Response to Cross Motion due by 12/15/2022. Reply to Cross Motion due by 1/15/2023. Response to Motion for Summary Judgment due by 11/17/2022. Reply to Motion for Summary Judgment due by 12/15/2022. (tb) (Entered: 11/15/2022)
2022-11-1719Cross MOTION for Summary Judgment and Opposition by UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Declaration, # 9 Statement of Facts)(Moore, Brendan) (Entered: 11/17/2022)
2022-11-1720Memorandum in opposition to re 13 Motion for Summary Judgment, filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (See Docket Entry 19 to view document) (zjm) (Entered: 11/18/2022)
2022-11-18NOTICE OF ERROR re 19 Motion for Summary Judgment; emailed to Brendan.Moore@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Please note the following for future filings; do not refile document , 3. DO NOT REFILE: Counsel is reminded for two-part documents; second docket entry is required. (zjm, ) (Entered: 11/18/2022)
2022-12-0821Unopposed MOTION to Modify Scheduling Order by US INVENTOR, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Medich, Brian) (Entered: 12/08/2022)
2022-12-09MINUTE ORDER: Plaintiff's 21 Unopposed motion to modify scheduling order is hereby GRANTED. Plaintiff's Opposition to Defendant's Cross Motion for Summary Judgment and Reply shall be filed on or before January 12, 2023; Defendant's Reply on its Cross-Motion shall be filed on or before February 7, 2023. Signed by Judge Tanya S. Chutkan on 12/09/2022. (lcja) (Entered: 12/09/2022)
2022-12-14Set/Reset Deadlines: Response to Cross Motion due by 1/12/2023. Reply to Cross Motion due by 2/7/2023. Reply to Motion for Summary Judgment due by 1/12/2023. (tb) (Entered: 12/14/2022)
2023-01-1222REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by US INVENTOR, INC.. (Attachments: # 1 Statement of Facts Plaintiff's Response to Def's Statement of Undisputed Facts)(Medich, Brian) Modified on 1/13/2023 to correct docket link/ text (zjm). (Entered: 01/12/2023)
2023-01-1223Memorandum in opposition to re 19 Motion for Summary Judgment, filed by US INVENTOR, INC.. (See Docket Entry 22 to view document) (zjm) (Entered: 01/13/2023)
2023-01-13NOTICE OF ERROR re 22 Reply to opposition to Motion; emailed to bmedich@dbllawyers.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Please note the following for future filings; do not refile document , 3. DO NOT REFILE: Counsel is reminded for two-part documents; second docket entry is required. (zjm, ) (Entered: 01/13/2023)
2023-02-0324Consent MOTION to Modify Scheduling Order by UNITED STATES PATENT AND TRADEMARK OFFICE. (Moore, Brendan) (Entered: 02/03/2023)
2023-02-06MINUTE ORDER: Defendant's 24 Consent Motion to Modify Scheduling Order is hereby GRANTED. Defendant's Reply in support of its Cross-Motion for Summary Judgment shall be filed on or before February 13, 2023. Signed by Judge Tanya S. Chutkan on 2/6/2023. (lcja) (Entered: 02/06/2023)
2023-02-07Set/Reset Deadlines: Reply to Cross Motion due by 2/13/2023. (tb) (Entered: 02/07/2023)
2023-02-1325REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment for Summary Judgment filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Moore, Brendan) Modified on 2/23/2023 to add docket link (zjm). (Entered: 02/13/2023)
2023-05-1226NOTICE of Appearance by Thomas Mansfield Dunlap on behalf of US INVENTOR, INC. (Dunlap, Thomas) (Entered: 05/12/2023)
2023-05-1527Unopposed MOTION to Withdraw as Attorney by Brian Medich by US INVENTOR, INC.. (Attachments: # 1 Text of Proposed Order)(Medich, Brian) (Entered: 05/15/2023)
2023-05-16MINUTE ORDER: Plaintiff's 27 Unopposed Motion to Withdraw as Attorney is hereby GRANTED. The Clerk of the Court is directed to terminate Attorney Brian Medich from the docket as counsel of record. Signed by Judge Tanya S. Chutkan on 5/16/2023. (lcja) (Entered: 05/16/2023)
2024-02-1628MEMORANDUM OPINION re 13 Plaintiff's Motion for Summary Judgment and 19 Defendant's Cross Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 2/16/24. (lce) (Entered: 02/16/2024)
2024-02-1629ORDER DENYING 13 Plaintiff's Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 2/16/24. (lce) (Entered: 02/16/2024)
2024-02-1630ORDER GRANTING 19 Defendant's Cross Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 2/16/24. (lce) (Entered: 02/16/2024)
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