On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an opinion affirming a district court’s decision to grant the U.S. Patent and Trademark Office’s (USPTO) motion to dismiss for failure to state a claim in a contested patent case. Appellant/Plaintiff Eula Winfrey had initiated the claim in the U.S. District Court for the Middle District of Georgia, seeking “relief for the issue of two pillaged patents” as well as damages from the USPTO. The pro se argument was construed as having asserted claims under the Administrative Procedure Act (APA) and the Federal Tort Claims Act (FTCA), respectively.
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