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Case TitleMalone v. United States Patent and Trademark Office
DistrictEastern District of Virginia
CityRichmond
Case Number3:2023cv00331
Date Filed2023-05-16
Date Closed2023-08-09
JudgeDistrict Judge Henry E. Hudson
PlaintiffJosh Malone
Case DescriptionJohn Malone submitted two FOIA requests to U.S. Patent and Trademark Office. Malone's first request asked for records concerning Billjco Inter Parties Review Proceedings. The agency acknowledged receipt of the request and told Malone that the records would cost $483 in fees. Malone paid the fee but heard nothing further from the agency. His second request asked for records on the Centripetal Inter Parties Review Proceedings. The agency acknowledged receipt of that request and charged Malone $1,307 in fees. Malone paid the fee but after hearing nothing from the agency concerning either request, Malone filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
2023-05-171Complaint for Injunctive and Declaratory Relief, (Filing Fee: $402, Receipt Number: AVAEDC-8939296), filed by Josh Malone. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Richins, Travis). Clerk properly saved and replaced Civil Cover Sheet on 5/18/2023. Modified on 5/18/2023. (sbea) (Entered: 05/17/2023)
2023-05-17Initial Case Assignment to District Judge Henry E. Hudson. (sbea) (Entered: 05/18/2023)
2023-05-18Notice of Correction re: 1 Complaint; Clerk properly saved and replaced the PDF fillable form. In the future, to properly save a fillable form, click on the File menu, select Print, and then select our PDF writer from the PrinterName List, then click on Print or OK depending on your program. Summons should be filed separately and not as an attachment. It is located under Other Filings , Other Documents scrolled down to "Proposed Summons". Clerk also corrected the named defendant. It should be listed the way it is on the complaint. Corrections have been made, no further action is required. (sbea) (Entered: 05/18/2023)
2023-05-182Summons Issued as to United States Patent and Trademark Office. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for the Defendant. Please serve one copy of the summons and a copy of the Complaint upon the Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted . (sbea) (Entered: 05/18/2023)
2023-08-073Consent MOTION to Transfer Case to the Alexandria Division of the Eastern District of Virginia by Josh Malone. (Attachments: # 1 Proposed Order Order Granting Motion)(Richins, Travis) (Entered: 08/07/2023)
2023-08-094ORDER GRANTING UNOPPOSED MOTION TO TRANSFER VENUE TO THE ALEXANDRIA DIVISION- Having considered Plaintiff's unopposed motion to transfer this case to the Alexandria Division of the Eastern District of Virginia, the Court hereby GRANTS the motion and TRANSFERS this case to the Alexandria Division of the United States District Court for the Eastern District of Virginia. Signed by District Judge Henry E. Hudson on 8/9/2023. (adun, ) (Entered: 08/09/2023)
2023-08-09Intradistrict Transfer to Alexandria Division, Case Number 1:23-cv-1050. (wgar, ) (Entered: 08/09/2023)
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by FOIA Project Staff
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