Klock v. Kappos

MEMORANDUM OPINION

GERALD BRUCE LEE, District Judge.

THIS MATTER is before the Court on the Plaintiffs and Defendants’ Cross-Motions for Summary Judgment (Dkt. Nos. 14 & 17). This case concerns the United States Patent and Trademark Office’s (USPTO) interpretation of Plaintiff Brian R. Klock’s design patent application as failing to state a claim. The issue before the Court is whether the USPTO’s decision that Mr. Klock’s patent application for “The ornamental design for a motorcycle windshield as shown” was properly denied where the application failed to assert a “claim” as required by 35…