United States Fourth Circuit

Appeal of dismissal of civil action against certain officials in the Patent and Trademark Office, and the PTO's Office of Enrollment and Discipline, is dismissed as moot. Denial of attorneys' fees and costs under EAJA is affirmed over claim that the court should have recognized a "tactical mooting" exception to the general rule that a party applying for fees must have first secured some court-ordered relief.

Appellate Information

• Argued 02/01/2006
• Decided 04/20/2006
• Published 04/20/2006

Judges

• Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Victor Michael Glasberg, Alexandria, Virginia, for Appellant.  Steven E. Gordon, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellees.   ON BRIEF:  Paul Gowder, Victor M. Glasberg & Associates, Alexandria, Virginia, for Appellant.  Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellees.  Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Amicus Supporting Appellant.