The Law Offices of Andrew D. Fortney, Ph.D., P.C. et al v. United States Patent Trademark Office et al
Filing
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ORDER GRANTING Plaintiffs' Request for Voluntary Dismissal Without Prejudice and ORDER DENYING AS MOOT 18 Defendants' Motion to Dismiss, signed by Magistrate Judge Dennis L. Beck on 1/9/2012. CASE CLOSED. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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THE LAW OFFICES OF ANDREW
D. FORTNEY, PH.D., P.C., et al.,
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Plaintiffs,
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v.
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UNITED STATES PATENT AND
TRADEMARK OFFICE, et al.,
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Defendants.
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1:11cv01451 DLB
ORDER GRANTING PLAINTIFFS’
REQUEST FOR VOLUNTARY
DISMISSAL WITHOUT PREJUDICE
ORDER DENYING DEFENDANTS’
MOTION TO DISMISS AS MOOT
(Document 18)
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Plaintiffs The Law Offices of Andrew D. Fortney, Ph.D., P.C. and Dongbu Hitek Co.,
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LTD, filed this action against the United States Patent and Trademark Office (“USPTO”) and
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Director David J. Kappos on August 26, 2011. The action seeks judicial review of final
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decisions of the USPTO under the Administrative Procedures Act.
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On November 23, 2011, Defendants filed a motion to dismiss the First Amended
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Complaint based on lack of standing and improper venue. The matter was heard on January 6,
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2012, before the Honorable Dennis L. Beck, United States Magistrate Judge.1 Bradley Levang
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appeared on behalf of Plaintiffs. Jeffrey Lodge appeared on behalf of Defendants.
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The parties consented to the jurisdiction of the United States Magistrate Judge for all purposes.
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At the outset of the hearing, Plaintiffs moved to dismiss this action without prejudice.
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The request is GRANTED and this action is DISMISSED WITHOUT PREJUDICE.
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Defendants’
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motion to dismiss is DENIED AS MOOT.
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This terminates this action in its entirety.
IT IS SO ORDERED.
Dated:
3b142a
January 9, 2012
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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