Blacklight Power, Inc. v. Dickinson

MEMORANDUM OPINION AND ORDER

SULLIVAN, District Judge.

I. Introduction

Plaintiff Blacklight Power, Inc., alleges that defendant Q. Todd Dickinson, Commissioner of the Patent and Office (PTO), violated the Administrative Procedure Act (APA), 5 U.S.C. § 706 et seq., when the PTO withdrew one and threatened to withdraw four others of plaintiffs patents from issue after plaintiff had received a “Notice of Allowance and Issue Fee Due” and payed the issue fee. The issues presented are whether the defendant had the authority to withdraw plaintiffs patent after plaintiff had paid the issue fee, and, if…