Tafas v. Doll
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge PROST. Concurring opinion filed by Circuit Judge BRYSON. Opinion concurring in part and dissenting in part filed by Circuit Judge RADER.
PROST, Circuit Judge.
The United States Patent and Trademark Office (“USPTO”) appeals the April 1, 2008 decision of the United States District Court for the Eastern District of Virginia granting summary judgment that four recently promulgated rules exceed the scope of the USPTO’s rulemaking authority. Because we conclude that the four rules are procedural, but that Rule 78 is inconsistent with 35 U.S.C. § 120, we…
2Cases cited40 opinions
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- Hanna v. PlumerSupreme Court of the United States · 1965
- Lorillard v. PonsSupreme Court of the United States · 1978
- National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
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- Tafas v. DollCourt of Appeals for the Federal Circuit · 2009
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