Figueroa v. United States

OPINION and ORDER

FUTEY, Judge.

This case concerning the payment and allocation of patent fees is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim upon which relief can be granted. Defendant maintains that the court lacks jurisdiction over plaintiffs Patents and Copyrights Clause1 (Patent Clause) claim because: (1) the phrase “[t]o promote the Progress of ... useful Arts” is not a substantive limit on Congress’ power; (2) the Patent Clause “does not in any way confer a substantive right on any…