Tuesday, August 29, 2006

PTO Seeks Dismissal of Stoller Sanction Appeal for Lack of Jurisdiction

The PTO has filed its Response to the CAFC's July 26th Order concerning the issue of its jurisdiction over Leo Stoller's appeal from the PTO/TTAB Sanction Order of July 14. [See prior TTABlog posting here, and related postings]. In its 16-page filing, the PTO asserts that the court does not have jurisdiction and therefore should dismiss the appeal.

The PTO's position is as follows:
"The Director's decision that Stoller has improperly appealed is an order "sanctioning" Stoller for his abusive conduct before the USPTO. Since it is not a TTAB decision reaching the merits, nor is it a Director's decision related to 15 U.S.C. Sections 1058 or 1059, this Court does not have jurisdiction. If anywhere, jurisdiction lies in the district court under the Administrative Procedure Act ('APA'). See 5 U.S.C. Sections 701 et seq.. Therefore, this Court should dismiss Stoller's appeal with prejudice."
Text Copyright John L. Welch 2006.


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