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Case TitleU.S. INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03639
Date Filed2023-12-07
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffU.S. INVENTOR, INC.
Case DescriptionU.S. Inventor, Inc. submitted a FOIA request to U.S. Patent and Trademark Office for records concerning pay records showing bonus awards to each Administrative Patent Judge. U.S. Inventor, Inc. also requested a fee waiver. The agency acknowledged receipt of the records. The agency denied U.S. Inventor, Inc's request for a fee waiver and told it that the cost of the requested documents would be $588.47. U.S. Inventor paid the requested fees. The agency told U.S. Inventor that it would the records under Exemption 6 (invasion of privacy). U.S Inventor filed an administrative appeal. The agency upheld its denial of the fee waiver but granted U.S. Inventor access to some of the requested records. After hearing nothing further from the agency, U.S. Inventor filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES PATENT AND TRADEMARK OFFICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-071COMPLAINT against UNITED STATES PATENT AND TRADEMARK OFFICE ( Filing fee $ 405 receipt number ADCDC-10543641) filed by U.S. INVENTOR, INC.. (Attachments: # 1 Exhibit 1-7, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 12/07/2023)
2023-12-072NOTICE of Appearance by Matthew Topic on behalf of U.S. INVENTOR, INC. (Topic, Matthew) (Entered: 12/07/2023)
2023-12-073NOTICE of Appearance by Merrick Jason Wayne on behalf of U.S. INVENTOR, INC. (Wayne, Merrick) (Entered: 12/07/2023)
2023-12-11Case Assigned to Judge Amy Berman Jackson. (zsl) (Entered: 12/11/2023)
2023-12-124SUMMONS (3) Issued Electronically as to UNITED STATES PATENT AND TRADEMARK OFFICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 12/12/2023)
2024-01-115ANSWER to Complaint by UNITED STATES PATENT AND TRADEMARK OFFICE.(Venguswamy, Kartik) (Entered: 01/11/2024)
2024-01-12MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before February 5, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/12/2024. (lcabj1) (Entered: 01/12/2024)
2024-01-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES PATENT AND TRADEMARK OFFICE served on 12/19/2023 (Topic, Matthew) (Entered: 01/19/2024)
2024-01-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/22/2023. (Topic, Matthew) (Entered: 01/19/2024)
2024-01-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/12/2023. Answer due for ALL FEDERAL DEFENDANTS by 1/11/2024. (Topic, Matthew) (Entered: 01/19/2024)
2024-02-059Joint STATUS REPORT by UNITED STATES PATENT AND TRADEMARK OFFICE. (Venguswamy, Kartik) (Entered: 02/05/2024)
2024-02-06MINUTE ORDER. In light of the 9 joint status report, it is ORDERED that the parties file another status report by April 5, 2024. SO ORDERED.Signed by Judge Amy Berman Jackson on 2/6/2024. (lcabj1) (Entered: 02/06/2024)
2024-04-0510Joint STATUS REPORT by UNITED STATES PATENT AND TRADEMARK OFFICE. (Venguswamy, Kartik) (Entered: 04/05/2024)
2024-04-08MINUTE ORDER. In light of the 10 joint status report, it is ORDERED that the following schedule will apply: defendant's motion for summary judgment is due June 13, 2024; plaintiff's combined opposition and cross-motion for summary judgment, if any, supported by a single memorandum of points and authorities, will be due by July 11, 2024; defendant's combined reply and cross-opposition, if any, supported by a single memorandum of points and authorities, is due by August 8, 2024; and plaintiff's cross-reply, if any, is due by August 29, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/8/2024. (lcabj1) (Entered: 04/08/2024)
2024-06-1411Consent MOTION for Extension of Time to Briefing Schedule by UNITED STATES PATENT AND TRADEMARK OFFICE. (Venguswamy, Kartik) (Entered: 06/14/2024)
2024-06-14MINUTE ORDER granting 11 Motion for Extension of Time. It is ORDERED that the following schedule will apply: defendant's motion for summary judgment is due June 14, 2024; plaintiff's combined opposition and cross-motion for summary judgment, if any, supported by a single memorandum of points and authorities, will be due by July 13, 2024; defendant's combined reply and cross-opposition, if any, supported by a single memorandum of points and authorities, is due by August 9, 2024; and plaintiff's cross-reply, if any, is due by August 30, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/14/2024. (lcabj1) (Entered: 06/14/2024)
2024-06-1412MOTION for Summary Judgment by UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Declaration Siehndel Decl., # 2 Exhibit Ex. A to Siehndel Decl., # 3 Exhibit Ex. B to Siehndel Decl., # 4 Statement of Facts Statement of Undisputed Material Facts)(Venguswamy, Kartik) (Entered: 06/14/2024)
2024-07-1213NOTICE of Appearance by Stephen Stich Match on behalf of U.S. INVENTOR, INC. (Match, Stephen) (Entered: 07/12/2024)
2024-07-1214Cross MOTION for Summary Judgment by U.S. INVENTOR, INC.. (Attachments: # 1 Memorandum in Support, # 2 Declaration Katznelson Decl, # 3 Declaration Landreneau Decl, # 4 Statement of Facts, # 5 Statement of Facts Response to SOF, # 6 Text of Proposed Order)(Match, Stephen) (Entered: 07/12/2024)
2024-07-1215Memorandum in opposition to re 12 Motion for Summary Judgment, filed by U.S. INVENTOR, INC.. (Attachments: # 1 Declaration Katznelson Decl, # 2 Declaration Landreneau Decl, # 3 Statement of Facts, # 4 Statement of Facts Response to SOF, # 5 Text of Proposed Order)(Match, Stephen) (Entered: 07/12/2024)
2024-08-0716Consent MOTION for Extension of Time to File Response/Reply as to 14 Cross MOTION for Summary Judgment , 12 MOTION for Summary Judgment by UNITED STATES PATENT AND TRADEMARK OFFICE. (Venguswamy, Kartik) (Entered: 08/07/2024)
2024-08-08MINUTE ORDER granting 16 Motion for Extension of Time. Defendant's combined reply and cross-motion will now be due by August 23, 2024, and plaintiff's cross-reply is due by September 13, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/8/2024. (lcabj1) (Entered: 08/08/2024)
2024-08-2317REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Declaration Supplemental Siehndel Declaration, # 2 Statement of Facts Response to Plaintiff's SOF)(Venguswamy, Kartik) (Entered: 08/23/2024)
2024-08-2318Memorandum in opposition to re 14 Motion for Summary Judgment, filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Declaration Supplemental Siehndel Declaration, # 2 Statement of Facts Response to Plaintiff's SOF)(Venguswamy, Kartik) (Entered: 08/23/2024)
2024-09-1319REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by U.S. INVENTOR, INC.. (Match, Stephen) (Entered: 09/13/2024)
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