Eastman Kodak Company v. Gerald J. Mossinghoff, Commissioner of Patents and Trademarks

SPROUSE, Circuit Judge:

Eastman Kodak Company (Kodak) appeals from an order of the district court dismissing Kodak’s action against Gerald J. Mossinghoff, Commissioner of Patents and Trademarks (Commissioner), for lack of subject matter jurisdiction. 1 Kodak sought review in the district court of a decision rendered by the Commissioner in a patent reissue proceeding. While the district court’s dismissal order is cursory, we perceive the rationale of the district court to be that the Commissioner’s decision was not a final agency action immediately subject to judicial review. We agree and…