Kroll v. Lee

Filing 41

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 05/22/2017. (jlan)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division MICHAEL I. KROLL, ) ) ) ) ) ) Petitioner, V. MICHELLE LEE, Undersecretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Respondent. l:16-cv-704(LMB/IDD) ) ) ) ) ) ) MEMORANDUM OPINION Michael 1. Kroll, Esq. ("petitioner" or "Kroll"), has filed a document styled a "Complaint" [Dkt. 1] allegingthat he was improperlysuspendedfrom practicing as a patent attorney before the United States Patent and Trademark Office ("USPTO").^ The USPTO has responded by treating Kroll's complaint as a petitionfor review, citing Local Civil Rule 83.5, whichprovides that a "personrefused recognition to practice or suspended... from practice before the [USPTO] may seek judicial review of such action by filing [in this court] a petition" for review (emphasis added). "Responseto Petition for Review" ("Resp.") [Dkt. 26]. After obtaining leave ofCourt, Kroll filed an Opposition^ ("0pp.") [Dkt. 33] and a Supplemental Submission in opposition ("Supp.") [Dkt. 35]. The Courthas found that oral argument would ^Although Kroll has signed allofhis pleadings as "Attorney and Plaintiff, Pro S^" after briefing was completedhe filed a "Certification of Receiving Assistanceof Counsel" explainingthat in preparing his briefs he had received the assistance of an attorney, Edwin D. Schindler,Esq., who has subsequently been admitted ^o hac vice. Accordingly, Kroll is not entitled to the deference accorded to ^ se litigants. ^Infact, Kroll styled this document "Opposition to Defendant's Motion to Dismiss," despite the respondent not having filed a motion to dismiss.

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