Evideo Owners v. United States

Rule 12(b)(1), Subject-Matter Jurisdiction; RCFC 12(b)(6), Failure to State a Claim; Implied Contract; RCFC 9(k); Illegal Exaction; Fifth Amendment Due Process.

MEMORANDUM OPINION AND ORDER

LYDIA KAY GRIGGSBY, Judge

I. INTRODUCTION

Plaintiffs, assignees or owners of certain patent applications submitted to the United States Patent and Trademark Office (“USP-TO”), allege that the USPTO has violated the Due Process Clause of the United States Constitution, breached certain implied-in-fact contracts with plaintiffs and illegally exacted certain fees from plaintiffs, by failing to inform plaintiffs…