USPTO Can't Be Sued For Not Axing Re-Exam, Fed. Circ. Says

Law360, New York (April 10, 2015, 7:40 PM EDT) -- Automated Merchandising Systems Inc. cannot sue the U.S. Patent and Trademark Office for not stopping a re-examination of its patents after the underlying infringement suit settled, the Federal Circuit ruled Friday, finding that the USPTO's refusal was not a final decision it can be sued over.

The appeals court affirmed a district judge's August decision granting summary judgment to the USPTO. Holding that the office can only be sued under the Administrative Procedure Act for final decisions, the court found that the refusal to end the re-examinations at the request of AMS does not fit the bill.

"The only direct consequence...

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