Tafas v. Dudas et al

Filing 17

MOTION to Dismiss (Partial) by Jon Dudas, The United States Patent and Trademark Office. (Wetzler, Lauren)

Tafas v. Dudas et al

Doc. 17

Case 1:07-cv-00846-JCC-TRJ

Document 17

Filed 10/04/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division TRIANTAFYLLOS TAFAS, ) ) Plaintiff, ) ) v. ) ) JON W. DUDAS, in his official capacity as ) Under Secretary of Commerce and ) Director of the United States Patent and ) Trademark Office ) and ) ) The UNITED STATES PATENT AND ) TRADEMARK OFFICE, ) ) Defendants. ) )

CIVIL ACTION NO. 1:07cv846

DEFENDANTS' PARTIAL MOTION TO DISMISS Defendants United States Patent and Trademark Office and Jon W. Dudas, in his official capacity as Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, respectfully move to dismiss the majority of the claims in Plaintiff's First Amended Complaint for Declaratory and Injunctive Relief and Petition for Review of Rulemaking.1 Specifically, Defendants seek dismissal of: · Count One, ¶¶ 56(a), (b), (c), (d), (e), (f), (g), (h), (j), (k), (l), (m), and (n) for lack

of jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1); · Count Two, in its entirety, for failure to state a claim pursuant to Federal Rule of

Civil Procedure 12(b)(6); and The USPTO respectfully requests leave to have its forthcoming summary judgment motion substitute for an Answer with respect to any claims that the Court does not dismiss.
1

Dockets.Justia.com

Case 1:07-cv-00846-JCC-TRJ

Document 17

Filed 10/04/2007

Page 2 of 2

·

Count Three, ¶¶ 71(c), (e), and (f), for lack of jurisdiction pursuant to Federal

Rule of Civil Procedure 12(b)(1). Defendants' arguments are set out in the accompanying Memorandum in Support of Defendants' Motion to Dismiss. Respectfully submitted, CHUCK ROSENBERG UNITED STATES ATTORNEY

By:

/s/ LAUREN A. WETZLER R. JOSEPH SHER Assistant United States Attorneys Attorneys for All Defendants Justin W. Williams U.S. Attorney's Building 2100 Jamieson Avenue Alexandria, Virginia 22314 Tel: [phone] Fax: [phone]

OF COUNSEL: James A. Toupin General Counsel Stephen Walsh Acting Deputy General Counsel and Solicitor William Covey Deputy General Counsel William G. Jenks Janet A. Gongola William LaMarca Associate Solicitors Jennifer M. McDowell Associate Counsel United States Patent and Trademark Office 2