Piccone v. Iancu et al
Filing
34
MEMORANDUM OPINION re: Petition to review a decision of the United States Patent and Trademark Office. Signed by District Judge Leonie M. Brinkema on 11/13/18. (pmil, )
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
LOUIS A. PICCONE,
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Petitioner,
V.
UNITED STATES PATENT AND
TRADEMARK OFFICE,et al..
Respondents.
1:18-CV-00307(LMB/IDD)
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MEMORANDUM OPINION
Louis A. Piccone ("Piccone"), acting pro se. filed this Petition^ to review a decision of
the United States Patent and Trademark Office("PTO")suspending Piccone's license to practice
before the PTO for a period ofthree years. Piccone asks the Court to vacate the PTO's decision
as arbitrary or capricious, an abuse of discretion, or not in accordance with law. He also seeks
declaratory relief as well as damages against unnamed PTO employees^ under Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388(1971). The Petition has
been fully briefed and is now ripe for decision, and the Court finds that oral argument would not
aid the decisional process. For the reasons that follow, the Petition will be dismissed.
'Piccone has actually filed two petitions. The first, filed on March 12, 2018 [Dkt. No. 1], was
only three pages long and was accompanied by a letter oftransmission [Dkt. No. 1-1] stating that
the filing was a "preliminary version" to be followed by a more complete petition. The second,
filed two days later [Dkt. No. 2], was styled as a"Combined Petition ... and Complaint," and
altogether—including the petition itself and its nine attachments, which contain additional
briefing and which Piccone asserts are "incorporated into [the] Petition as though set out in
full"—spanned over 200 pages. Consistent with the parties' briefing, the second petition will be
treated as the operative one in this action.
^ Piccone's initial petition named as respondents Andrei lancu, in his capacity as Under
Secretary of Commerce for Intellectual Property and Director of the PTO; William Covey; and
ten unnamed individuals. His second petition identified only the PTO and ten unnamed
individuals now identified as PTO employees.
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