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Case TitleUS INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02893
Date Filed2021-11-02
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffUS INVENTOR, INC.
Case DescriptionU.S. Inventor, Inc., which represents independent inventors, submitted two FOIA requests to the U.S. Patent and Trademark Office for records concerning two IPR proceedings. U.S. Inventor also requested a fee waiver. The agency acknowledged receipt of both requests. The agency denied U.S. Inventor Inc's request for a fee waiver and charged them $4,241 in fees, which U.S. Inventor, Inc. paid. However, after hearing nothing further from the agency, U.S. Inventor, Inc. filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Attorney's fees

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
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
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-8840196) filed by US INVENTOR, INC.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Civil Cover Sheet, # 10 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-8842841. 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-8842841. 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)
2022-01-21MINUTE 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 3/7/22. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/21/22. (DJS) (Entered: 01/21/2022)
2022-01-25Set/Reset Deadlines: Joint Status Report due by 3/7/2022. (tb) (Entered: 01/25/2022)
2022-03-079Joint STATUS REPORT by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 03/07/2022)
2022-07-21MINUTE ORDER: By 8/1/22 and every 60 days thereafter, the parties shall file a joint status report. To the extent one or both parties propose a change to the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/21/22. (DJS) (Entered: 07/21/2022)
2022-07-26Set/Reset Deadlines: Joint Status Report due by 8/1/2022. (tb) (Entered: 07/26/2022)
2022-08-0110Joint STATUS REPORT by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 08/01/2022)
2022-09-3011Joint STATUS REPORT by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 09/30/2022)
2022-10-0312NOTICE of Appearance by William W. Flachsbart on behalf of US INVENTOR, INC. (Flachsbart, William) (Entered: 10/03/2022)
2022-11-2913Joint STATUS REPORT by US INVENTOR, INC.. (Medich, Brian) (Entered: 11/29/2022)
2022-12-07MINUTE ORDER: Upon consideration of the Parties' 13 Joint Status Report, the court hereby sets the following deadlines. Plaintiff's initial motion is due January 23, 2023. Defendant's response/cross motion is due February 20, 2023. Plaintiff's reply/response is due March 20, 2023. Defendant's reply on its cross motion is due April 17, 2023. Signed by Judge Tanya S. Chutkan on 12/7/2022. (lcsr) (Entered: 12/07/2022)
2022-12-14Set/Reset Deadlines: Cross Motion due by 2/20/2023. Response to Cross Motion due by 3/20/2023. Reply to Cross Motion due by 4/17/2023. Motion due by 1/23/2023. Response due by 2/20/2023 Reply due by 3/20/2023. (tb) (Entered: 12/14/2022)
2023-01-1814Consent MOTION to Modify Briefing Schedule by US INVENTOR, INC.. (Medich, Brian) (Entered: 01/18/2023)
2023-01-27MINUTE ORDER: Granting 14 Consent Motion to Modify Briefing Schedule. Plaintiff's Motion due by February 13, 2023; Defendant's Response and Cross Motion due by February 27, 2023; Plaintiff's Reply and Response due by March 27, 2023; Defendant's Reply on Cross Motion due by April 24, 2023. Signed by Judge Tanya S. Chutkan on 1/27/2023. (lcsr) (Entered: 01/27/2023)
2023-01-30Set/Reset Deadlines: Cross Motion due by 2/27/2023. Response to Cross Motion due by 3/27/2023. Reply to Cross Motions due by 4/24/2023. Motion due by 2/13/2023. Response due by 2/27/2023. Reply due by 3/27/2023. (tb) (Entered: 01/30/2023)
2023-02-1315MOTION for Summary Judgment by US INVENTOR, INC.. (Medich, Brian) (Entered: 02/13/2023)
2023-02-1316MEMORANDUM re 15 MOTION for Summary Judgment filed by US INVENTOR, INC. by US INVENTOR, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Medich, Brian) (Entered: 02/13/2023)
2023-02-1317SUPPLEMENT re 16 Statement of Undisputed Material Facts from Motion for Summary Judgment. (Medich, Brian) Modified event title and link on 2/15/2023 (znmw). (Entered: 02/13/2023)
2023-02-2718Consent MOTION for Extension of Time to File Summary Judgment Briefing by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 02/27/2023)
2023-02-28MINUTE ORDER: Granting 18 Consent Motion for Extension of Time. Defendant's Response and Cross Motion due by March 13, 2023; Plaintiff's Reply and Response due by April 10, 2023; Defendant's Reply on Cross Motion due by May 8, 2023. Signed by Judge Tanya S. Chutkan on 2/28/23. (lcsr) (Entered: 02/28/2023)
2023-03-01Set/Reset Deadlines: Cross Motion due by 3/13/2023. Response to Cross Motion due by 4/10/2023. Reply to Cross Motion due by 5/8/2023. Response to Motion for Summary Judgment due by 3/13/2023. Reply to Motion for Summary Judgment due by 5/8/2023. (tb) (Entered: 03/01/2023)
2023-03-0919Consent MOTION for Extension of Time to File Summary Judgment Briefing by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 03/09/2023)
2023-03-15MINUTE ORDER: Granting 19 Consent Motion for Extension of Time. Defendant's Response and Cross Motion due by April 12, 2023; Plaintiff's Reply and Response due by May 10, 2023; Defendant's Reply on Cross Motion due by June 9, 2023. Signed by Judge Tanya S. Chutkan on 3/15/23. (lcsr) (Entered: 03/15/2023)
2023-03-15Set/Reset Deadlines: Cross Motion due by 4/12/2023. Response to Cross Motion due by 5/10/2023. Reply to Cross Motion due by 6/9/2023. Response to Motion for Summary Judgment due by 4/12/2023. Reply to Motion for Summary Judgment due by 5/10/2023. (tb) (Entered: 03/15/2023)
2023-03-21Set/Reset Deadlines: Cross Motion due by 4/12/2023. Response to Cross Motion due by 5/10/2023. Reply to Cross Motion due by 6/9/2023. Response to Motion for Summary Judgment due by 4/12/2023. Reply to Motion for Summary Judgment due by 5/10/2023. (tb) (Entered: 03/21/2023)
2023-04-1020Consent MOTION for Extension of Time to File Summary Judgment Briefing by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 04/10/2023)
2023-04-13MINUTE ORDER: Granting 20 Consent Motion for Extension of Time. Defendant's Response and Cross Motion due by April 26, 2023; Plaintiff's Reply and Response due by May 24, 2023; Defendant's Reply on Cross Motion due by June 23, 2023. Signed by Judge Tanya S. Chutkan on 4/13/23. (lcsr) (Entered: 04/13/2023)
2023-04-14Set/Reset Deadlines: Cross Motion due by 4/26/2023. Response to Cross Motion due by 5/24/2023. Reply to Cross Motion due by 6/23/2023. Response to Motion for Summary Judgment due by 4/26/2023. Reply to Motion for Summary Judgment due by 5/24/2023. (tb) (Entered: 04/14/2023)
2023-04-17Set/Reset Deadlines: Cross Motion due by 4/26/2023. Response to Cross Motion due by 5/24/2023. Reply to Cross Motion due by 6/23/2023. Response to Motion for Summary Judgment due by 4/26/2023. Reply to Motion for Summary Judgment due by 5/24/2023. (tb) (Entered: 04/17/2023)
2023-04-2621Cross MOTION for Summary Judgment by UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Ex. A, # 4 Ex. B, # 5 Ex. C, # 6 Ex. D, # 7 Ex. E, # 8 Ex. F, # 9 Ex. G, # 10 Ex. H, # 11 Ex. I, # 12 Ex. J, # 13 Ex. K, # 14 Text of Proposed Order)(Silverman, Bradley) (Entered: 04/26/2023)
2023-04-2622RESPONSE re 15 MOTION for Summary Judgment filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D, # 5 Ex. E, # 6 Ex. F, # 7 Ex. G, # 8 Ex. H, # 9 Ex. I, # 10 Ex. J, # 11 Ex. K, # 12 Text of Proposed Order)(Silverman, Bradley) (Entered: 04/26/2023)
2023-05-08MINUTE ORDER: Defendant's Combined Response and Cross Motion was due on April 26, 2023. Defendant filed the briefing materials as separate docket entries. Moving forward, Plaintiff should file a combined Reply and Response by May 24, 2023. Defendant's Reply on Cross Motion is due by June 23, 2023. Signed by Judge Tanya S. Chutkan on 5/8/23. (lcsr) (Entered: 05/08/2023)
2023-05-1223NOTICE of Appearance by Thomas Mansfield Dunlap on behalf of US INVENTOR, INC. (Dunlap, Thomas) (Entered: 05/12/2023)
2023-05-1524Unopposed 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: Granting Plaintiff's 24 Unopposed Motion to Withdraw Brian Medich as Attorney. Accordingly, the Clerk of the Court shall remove Mr. Medich from the list of attorneys receiving CM/ECF notices for this action. Signed by Judge Tanya S. Chutkan on 5/16/23. (lcsr) (Entered: 05/16/2023)
2023-05-1925Consent MOTION for Extension of Time to File Summary Judgment Briefing by US INVENTOR, INC.. (Dunlap, Thomas) (Entered: 05/19/2023)
2023-05-24MINUTE ORDER: Granting 25 Consent Motion for Extension of Time. Plaintiff's Combined Reply and Response to Cross-Motion is due June 7, 2023; Defendant's Cross-Reply is due July 7, 2023. Signed by Judge Tanya S. Chutkan on 5/24/23. (lcsr) (Entered: 05/24/2023)
2023-05-25Set/Reset Deadlines: Response to Cross Motion due by 6/7/2023. Reply to Cross Motion due by 7/7/2023. Reply to Motion for Summary Judgment due by 6/7/2023. (tb) (Entered: 05/25/2023)
2023-06-0726RESPONSE re 21 Cross MOTION for Summary Judgment and Reply in Support of Plaintiff's Motion for Summary Judgment filed by US INVENTOR, INC.. (Attachments: # 1 Exhibit 1, # 2 Response to Statement of Facts, # 3 Proposed Order)(Flachsbart, William) (Entered: 06/07/2023)
2023-06-0727REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by US INVENTOR, INC.. (See Docket Entry 26 to view document) (zjm) (Entered: 06/12/2023)
2023-07-0528MOTION for Extension of Time to File Reply by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 07/05/2023)
2023-07-2029Consent MOTION for Extension of Time to Reply in Support of Cross-Motion for Summary Judgment by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 07/20/2023)
2023-08-1130REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Silverman, Bradley) (Entered: 08/11/2023)
2023-08-17MINUTE ORDER: Finding 28 Defendant's Motion for Extension of Time as moot and granting 29 Consent Motion for Extension of Time to File Reply. Signed by Judge Tanya S. Chutkan on 8/17/23. (lca) (Entered: 08/17/2023)
2023-09-2131NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES PATENT AND TRADEMARK OFFICE (Attachments: # 1 Trinka v. McDonough, Civ. A. No. 21-2904 Memorandum Opinion)(Silverman, Bradley) (Entered: 09/21/2023)
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