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SHAMMAS v. FOCARINO

Case No. 1:12-cv-1462.

990 F.Supp.2d 587 (2014)

Milo SHAMMAS, Plaintiff, v. Margaret A. FOCARINO, Commissioner of Patents, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

January 3, 2014.

Attorney(s) appearing for the Case

John Nolan Jennison, Law Offices Jennison & Shultz, P.C., Arlington, VA, for Plaintiff.

Dennis Carl Barghaan, Jr., United States Attorney's Office, Alexandria, VA, for Defendant.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue post-judgment in this 15 U.S.C. § 1071(b) action seeking review of a decision from the Patent and Trademark Office's ("PTO") Trademark Trial and Appeal Board ("TTAB") are the following two questions:

(1) whether the requirement in 15 U.S.C. § 1071(b)(3) that plaintiff must pay the PTO "all expenses of the proceeding" includes the salaries of the PTO attorneys and paralegals...

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