United States Federal Circuit

Congress may constitutionally impose patent fees in an amount above what is used to fund the United States Patent and Trademark Office (PTO). Further, the fees imposed by Congress satisfy the rational basis requirement.

Appellate Information

• Decided 10/11/2006
• Published 10/11/2006

Judges

• DYK, Circuit Judge., Before NEWMAN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Heath W. Hoglund, Hoglund & Pamias, P.S.C., of San Juan, PR, and Robert H. Rines, Rines & Rines, of Concord, NH, argued for plaintiff-appellant.


• For Appellees:
  
• Brian A. Mizoguchi, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief was Michael B. Briskin, Associate Counsel, United States Patent and Trademark Office, of Arlington, VA.