Legal Opinion
Zhengxing v. U.S. Patent & Trademark Office
District Court, District of Columbia
Decided September 30, 2008No. Civil Action 07-1918 (RWR)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
RICHARD W. ROBERTS, District Judge.
Faye Zhengxing brought this action for damages against the United States Patent and Trademark Office (“PTO”) alleging that the PTO intentionally abandoned her patent application. The PTO has moved under Federal Rule of Civil Procedure 12(b)(1) to dismiss the complaint asserting that the court lacks subject matter jurisdiction because Zhengxing did not exhaust her administrative remedies as is required under the Federal Tort Claims Act (“FTCA”). Because Zhengxing’s claim is one cognizable under the FTCA, 1 and she has not exhausted her…
2Cases cited18 opinions
- McNeil v. United StatesSupreme Court of the United States · 1993
- Molins Plc, and John Coventry Smith, Jr. v. Textron, Inc., Kearney & Trecker Corporation, and Avco CorporationCourt of Appeals for the Federal Circuit · 1995
- Cuthbert O. Simpkins v. District of Columbia GovernmentCourt of Appeals for the D.C. Circuit · 1997
- Gaf Corporation v. United States of America. Keene Corporation v. United States of America. Eagle-Picher Industries, Inc. v. United StatesCourt of Appeals for the D.C. Circuit · 1987
- Judith Odin v. United StatesCourt of Appeals for the D.C. Circuit · 1981
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hoffman v. District of ColumbiaDistrict Court, District of Columbia · 2009
- Cornish v. DudasDistrict Court, District of Columbia · 2010
- Cornish v. DudasDistrict Court, District of Columbia · 2010
- Hoffman v. LanierDistrict Court, District of Columbia · 2009