Realvirt, LLC v. Lee

MEMORANDUM OPINION

T. S. Ellis, III United States District Judge

In this 35 U.S.C. § 145 action, plaintiff challenges a United States Patent and Trademark Office (“PTO”) decision rejecting the patentability of the inventions claimed in U.S. Patent Application Serial No. 07/773, 161 (the “ ’161 Application”). At issue on plaintiffs motion for partial summary judgment, filed before the conclusion of discovery, are (i) whether the PTO’s defense of lack of standing is barred by the doctrine of collateral estoppel, and (ii) whether the PTO’s claim for attorney’s fees pursuant to 35 U.S.C. § 145 must…