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INVENTION SUBMISSION CORP. v. ROGAN

No. 02-2461.

357 F.3d 452 (2004)

INVENTION SUBMISSION CORPORATION, a Pennsylvania Corporation, Plaintiff-Appellant, v. James E. ROGAN, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office, U.S. Department of Commerce, in his official capacity, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 11, 2004.

Attorney(s) appearing for the Case

ARGUED: Edward B. Friedman, Friedman & Friedman, Pittsburgh, Pennsylvania, for Appellant. Rachel Celia Ballow, Assistant United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: J. Stephen Purcupile, Carolyn M. Corry, Friedman & Friedman, Pittsburgh, Pennsylvania; Richard C. Sullivan, Jr., Reed Smith, L.L.P., Falls Church, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINS, Chief Judge, and NIEMEYER and SHEDD, Circuit Judges.

Vacated and remanded by published opinion.

Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINS and Judge SHEDD joined.

OPINION

NIEMEYER, Circuit Judge:

Invention Submission Corporation commenced this action under the Administrative Procedure Act ("APA") against James E. Rogan in his official capacity as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office ("PTO"), alleging...

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