Sernaker v. Mossinghoff

MEMORANDUM

DITTER, District Judge.

In this action, plaintiff sought a temporary restraining order to prevent issuance of a patent. I refused his motion, concluding he had failed to show a likelihood of success on the merits, the possibility of irreparable harm, and that the public interest would be served by an injunction. See United States v. Price, 688 F.2d 204, 211 (3d Cir.1982).

Plaintiff claims the commissioner of patents abused his discretion in failing to hold a “public use proceeding,” provision for which is made by 37 C.F.R. § 1.292. Because I had grave doubts about this court’s…