Case filed as Swartz v Lee et al, PacerMonitor.
Appeal known as Swartz v. PATO, PacerMonitor.
(I have linked to PacerMonitor, but everything significant for free on PacerMonitor — only the docket — should be here, PacerMonitor is a fee-based site. (And PACER does not continue to display filings beyond a certain time. I use PACER itself.))
The formatting here is still poor — WordPress bugs (editor display is very different from actual view) — but it’s been improved, I hope. For the original case, Swartz v Lee et al, the docket is as PDF at 1.17-cv-00482-LMB-TCB
Appeals court opinions are available here. This is the ruling on Swartz’s appeal.
links to case sections on this page:
- Swartz v PATO (appeal)
- Swartz v Lee (original case).
Swartz comment (“corruption” conspiracy claims from Cold Fusion Times). Study of these claims.
Swartz comment 2 continues with a new claim from CFT.
Text of ruling on appeal and review with supporting documents. (In progress)
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| MITCHELL R. SWARTZ,
Plaintiff – Appellant v. UNITED STATES PATENT AND TRADEMARK OFFICE, ANDREI IANCU, Director, U.S. Patent and Trademark Office, Defendants – Appellees |
U.S. District Court
Eastern District of Virginia – (Alexandria)
CIVIL DOCKET FOR CASE #: 1:17-cv-00482-LMB-TCB
| Swartz v. Lee et al Assigned to: District Judge Leonie M. Brinkema Referred to: Magistrate Judge Theresa Carroll Buchanan
Cause: 35:145 Patent Non-Infringement- Patent Applicant is Dissatisfied with PTO Decision |
Date Filed: 04/21/2017 Date Terminated: 08/22/2017 Jury Demand: Plaintiff Nature of Suit: 830 Patent Jurisdiction: U.S. Government Defendant |
| Plaintiff | ||
| Mitchell R. Swartz | represented by | Mitchell R. Swartz 16 Pembroke Road Weston, MA 02493 781-237-3625 PRO SE |
| Defendant | ||
| Michelle Lee Acting Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office TERMINATED: 08/17/2017 |
represented by | Kimere Jane Kimball US Attorney’s Office (Alexandria-NA) 2100 Jamieson Avenue Alexandria, VA 22314 NA 703-299-3763 Email: kimere.kimball@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| United States Patent and Trademark Office | represented by | Kimere Jane Kimball (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Joseph Matal Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual and Director of the United States Patent and Trademark Officce |
represented by | Kimere Jane Kimball (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/21/2017 | 1 | COMPLAINT against Michelle Lee, United States Patent and Trademark Office ( Filing fee $ 400, receipt number XXXXX.), filed by Mitchell R. Swartz. (Attachments: # 1 Letter, # 2 Civil Cover Sheet)(dest, ) (Entered: 04/24/2017)
VA-17-CV482_Compl0419F6 (122 pages, 11.5 MB) [kindly provided by Mitchell Swartz] |
| 04/21/2017 | 2 | NOTICE of Appearance pro se by Mitchell R. Swartz (dest, ) (Entered: 04/24/2017) |
| 04/21/2017 | 3 | Declaration of Robert Smith by Mitchell R. Swartz. (dest, ) (Entered: 04/24/2017) |
| 04/21/2017 | 4 | Declaration of Dr. Frank Gordon by Mitchell R. Swartz. (dest, ) (Entered: 04/24/2017) |
| 04/21/2017 | 5 | Declaration of Dr. Brian Ahern by Mitchell R. Swartz. (dest, ) (Entered: 04/24/2017) |
| 04/21/2017 | 6 | Declaration of Dr. Jean-Paul Biberian by Mitchell R. Swartz. (dest, ) (Entered: 04/24/2017) |
| 04/21/2017 | 7 | Declaration of Gayle Verner by Mitchell R. Swartz. (dest, ) (Entered: 04/24/2017) |
| 04/21/2017 | 8 | Filing fee: $400, receipt number 14683065584 (dest, ) (Entered: 04/24/2017) |
| 05/02/2017 | 9 | Letter to the Court providing service addresses for defendants by Mitchell R. Swartz. (dest, ) (Entered: 05/03/2017) |
| 05/03/2017 | 10 | Summons Issued to be served via SPS mailed to Plaintiff as to Michelle Lee, United States Patent and Trademark Office, U.S. Attorney and U.S. Attorney General (dest, ) (Entered: 05/03/2017) |
| 05/17/2017 | 11 | SUMMONS Returned Executed as to U.S. Attorney; served on 5/17/2017, answer due 7/17/2017. (dest, ) (Entered: 05/17/2017) |
| 05/17/2017 | 12 | SUMMONS Returned Executed as to U.S. Attorney General; served on 5/17/2017. (dest, ) (Entered: 05/17/2017) |
| 05/17/2017 | 13 | SUMMONS Returned Executed as to Michelle Lee; served on 5/17/2017 (dest, ) (Entered: 05/17/2017) |
| 05/17/2017 | 14 | SUMMONS Returned Executed as to U.S. Patent and Trademark Office; served on 5/17/2017. (dest, ) (Entered: 05/17/2017) |
| 07/17/2017 | 15 | MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Michelle Lee, United States Patent and Trademark Office. (Kimball, Kimere) (Entered: 07/17/2017) |
| 07/17/2017 | 16 | MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. by Michelle Lee, United States Patent and Trademark Office. (Kimball, Kimere) (Entered: 07/17/2017) |
| 07/17/2017 | 17 | Roseboro Notice as to Motion to Dismiss (Dkt Nos. 15, 16) by Michelle Lee, United States Patent and Trademark Office (Kimball, Kimere) (Entered: 07/17/2017) |
| 07/17/2017 | 18 | Memorandum in Support re 16 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 15 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Michelle Lee, United States Patent and Trademark Office. (Attachments: # 1 Exhibit Ex. 1 (‘691 Board Decision), # 2 Exhibit Ex. 2 (‘258 Board Decision), # 3 Exhibit Ex. 3 (‘058 Board Decision), # 4 Exhibit Ex. 4 (‘765 Board Decision), # 5 Exhibit Ex. 5 (‘643 Board Decision, # 6 Exhibit Ex. 6 (DIA Report), # 7 Exhibit Ex. 7 (DTRA Report), # 8 Exhibit Ex. 8 (‘457 Specification), # 9 Exhibit Ex. 9 (‘970 Specification), # 10 Exhibit Ex. 10 (‘058 Specification), # 11 Exhibit Ex. 11 (‘765 Specification), # 12 Exhibit Ex. 12 (Damelin Decl.), # 13 Exhibit Ex. 13 (Bartlett Decl.), # 14 Exhibit Ex. 14 (Unpublished Cases))(Kimball, Kimere) (Entered: 07/17/2017)
1-17-cv-00482-18-2 ‘258 Board Decision |
| 07/17/2017 | 19 | Notice of Hearing Date set for 9/15/17 re 16 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 15 MOTION to Dismiss for Failure to State a Claim with Roseboro,. (Kimball, Kimere) (Entered: 07/17/2017) |
| 07/18/2017 | Set Deadlines as to 16 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 15 MOTION to Dismiss for Failure to State a Claim with Roseboro,.. Motion Hearing set for 9/15/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 07/18/2017) | |
| 08/08/2017 | 20 | MOTION for Leave to File Plaintiff’s Opposition to Defendant’s Motion to Dismiss by Mitchell R. Swartz. (Attachments: # 1 Letter)(dest, ) (Entered: 08/08/2017) |
| 08/08/2017 | 21 | MOTION to Strike Defendant’s Motion by Mitchell R. Swartz. (Attachments: # 1 Letter)(dest, ) (Entered: 08/08/2017) |
| 08/08/2017 | 22 | MOTION for Reciprocity Re: Roseboro by Mitchell R. Swartz. (dest, ) (Attachment(s): # 1 Letter) (dest, ). (Entered: 08/08/2017) |
| 08/08/2017 | 23 | Declaration of Dr. Mitchell Swartz by Mitchell R. Swartz. (Attachments: # 1 Letter)(dest, ) (Entered: 08/08/2017) |
| 08/08/2017 | 24 | MOTION to Appoint Counsel by Mitchell R. Swartz. (Attachments: # 1 Letter)(dest, ) (Entered: 08/08/2017) |
| 08/08/2017 | 25 | Memorandum in Opposition to Defendant’s Motion to Dismiss filed by Mitchell R. Swartz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55 part 1, # 56 Exhibit 55 part 2, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Attachment- Supreme Court of the United States case booklet)(dest, ) Modified on 8/8/2017 (dest, ). (Entered: 08/08/2017)
|
| 08/14/2017 | 26 | MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 15 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Michelle Lee, United States Patent and Trademark Office. (Attachments: # 1 Proposed Order)(Kimball, Kimere) (Entered: 08/14/2017) |
| 08/14/2017 | 27 | ORDER- it is hereby ORDERED that Defendant’s motion for an extension of time is GRANTED; and it is hereby ORDERED that Defendant shall file its reply memorandum on or before August 17, 2017. Signed by District Judge Leonie M. Brinkema on 8/14/2017. (dest, ) (copy mailed to pro se) (Entered: 08/14/2017) |
| 08/17/2017 | 28 | NOTICE by Michelle Lee, United States Patent and Trademark Office of Substitution of Defendant (Kimball, Kimere) (Entered: 08/17/2017) |
| 08/17/2017 | 29 | REPLY to Response to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 15 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Michelle Lee, United States Patent and Trademark Office. (Attachments: # 1Exhibit Def. Ex. 15 (‘058 Final Rejection), # 2 Exhibit Def. Ex. 16 (‘643 Final Rejection))(Kimball, Kimere) (Entered: 08/17/2017) |
| 08/17/2017 | 30 | ORDER granting [Dkt. No. 20] Motion for Leave to File, and it is hereby ORDERED that plaintiff’s opposition brief is accepted for filing; and it is hereby ORDERED that plaintiff’s Motion to Strike [Dkt. No. 21] be and is DENIED; and it is hereby ORDERED that plaintiff’s Motion for Reciprocity [Dkt. No. 22] be and is DENIED. Signed by District Judge Leonie M. Brinkema on 8/17/2017. (see Order for further details) (dest, ) (copy sent as directed in the Order) (Entered: 08/17/2017) |
| 08/22/2017 | 31 | MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 8/22/2017. (dest, )(copy mailed to plaintiff by chambers) (Entered: 08/22/2017) |
| 08/22/2017 | 32 | ORDER- For the reasons stated in the accompanying Memorandum Opinion, defendant’s Motion to Dismiss [Dkt. Nos. 15 and 16] is GRANTED, and it is hereby ORDERED that the Complaint be and is DISMISSED WITH PREJUDICE, except for Count 3, which is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Leonie M. Brinkema on 8/22/2017. (see Order for further details) (dest, ) (copy mailed to plaintiff by chambers) (Entered: 08/22/2017) |
| 08/22/2017 | 33 | JUDGMENT- Pursuant to the order of this Court entered on August 22, 2017 and in accordance with Federal Rules of Civil Procedure 58, JUDGMENT is hereby entered in favor of Joseph Matal and United States Patent and Trademark Office and against Michael R. Swartz. Signed by Clerk on 8/22/2017. (dest, ) (Entered: 08/22/2017) |
| 09/01/2017 | 34 | MOTION for Reconsideration re 33 Judgment, 32 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, by Mitchell R. Swartz. (Attachments: # 1 Letter)(dest, ) (Entered: 09/07/2017) |
| 09/01/2017 | 35 | MOTION for Leave to File Memorandum in Support by Mitchell R. Swartz. (Attachments: # 1 Proposed Memorandum in Support, # 2 Exhibit 59, # 3 Exhibit 60, # 4 Exhibit 61, # 5 Exhibit 62, # 6 Exhibit 63 Part 1, # 7 Exhibit 63 Part 2, # 8 Exhibit 63 Part 3, # 9 Exhibit 64 Part 1, # 10 Exhibit Part 2, # 11 Exhibit Part 3, # 12 Exhibit 65)(dest, ) (Entered: 09/07/2017) |
| 09/07/2017 | 36 | ORDER- it is hereby ORDERED that plaintiff’s Motion for Leave to File a Memorandum in Support [Dkt. No. 35] be and is DENIED AS MOOT, and it is further ORDERED that plaintiffs Motion for Reconsideration [Dkt. No. 34] be and is DENIED. Signed by District Judge Leonie M. Brinkema on 9/7/2017. (see Order for further details) (dest, ) (copy mailed to Pro Se by chambers) (Entered: 09/07/2017) |
| 10/24/2017 | 37 | NOTICE OF APPEAL as to 33 Judgment, 31 Memorandum Opinion, 36 Order on Motion for Reconsideration, Order on Motion for Leave to File,, 30 Order on Motion for Leave to File, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, 32 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, by Mitchell R. Swartz. Filing fee $ 505. (Attachments: # 1 Letter, # 2 Receipt)(dest, ) (Entered: 10/26/2017) |
| 10/26/2017 | Transmission of Notice of Appeal to US Federal Circuit re 37 Notice of Appeal, (dest, ) (Entered: 10/26/2017) | |
| 11/01/2017 | 38 | USCA Case Number 18-1122 U.S. Federal Circuit for 37 Notice of Appeal, filed by Mitchell R. Swartz. (dest, ) (Entered: 11/01/2017) |
| 07/17/2018 | 39 | Opinion of USCA for the Federal Circuit decided 7/17/2018 re 37 Notice of Appeal- AFFIRMED(dest, ) (Entered: 07/17/2018) |
| 07/17/2018 | 40 | USCA for Federal Circuit JUDGMENT as to 37 Notice of Appeal, filed by Mitchell R. Swartz. (dest, ) Modified on 7/17/2018 to add document (dest, ). (Entered: 07/17/2018) |
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| 07/20/2018 14:14:01 |