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United States Federal Circuit


Bender v. Dudas, 2006-1243

In a disciplinary matter involving a patent attorney handling the prosecution of certain patent applications for the American Inventors Corporation, summary judgment upholding a disciplinary action taken by the director of the United States Patent and Trademark Office (PTO) to exclude plaintiff-patent attorney from practicing before the PTO is affirmed where: 1) the PTO's findings were supported by substantial evidence; and 2) the disciplinary action was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.

Appellate Information

  • Decided 06/21/2007
  • Published 06/21/2007

Judges

  • LINN, Circuit Judge., Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • S. Michael Bender, of St. Petersburg, Florida, argued for plaintiff-appellant.   With him on the brief was Ross A. Nabatoff, Brand Law Group, of Washington, DC.

  • For Appellees:
  • Sydney O. Johnson, Jr., Associate Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for defendant-appellee.   With him on the brief were John M. Whealan, Solicitor, and Janet Gongola, Associate Solicitor.
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