Sporting Goods Co. Sues USPTO Over Lapsed Patent

Law360 (September 2, 2008, 12:00 AM EDT) -- A lacrosse equipment manufacturer has sued the U.S. Patent and Trademark Office over its refusal to reinstate a patent that the company says lapsed after a clerk at its law firm failed to make a maintenance fee payment while suffering from confusion and memory loss related to her terminal AIDS.

The complaint, filed Friday in the U.S. District Court for the Eastern District of Michigan, accuses the USPTO of being "arbitrary and capricious" in declining to accept the "unavoidably" late maintenance fee from Warrior Sports Inc....
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