""Mr. Perry raises no cogent, non-frivolous argument as to why the district court's determination was incorrect, let alone an abuse of discretion." - CAFC Moshe Avram Perry lost his bid to the U.S. Court of Appeals for the Federal Circuit (CAFC) today when a per curiam decision upheld the U.S. District Court for the Eastern District of Virginia's dismissal of his complaint against the U.S. Patent and Trademark Office (USPTO) as frivolous."
"According to the CAFC, this was the third lawsuit filed by Perry against the USPTO alleging misconduct in the handling of his patent applications. He filed complaints in the U.S. District Court for the Central District of California, the U.S. Court of Federal Claims, and the U.S. District Court for the Eastern District of Virginia. Perry also appealed to the CAFC three times."
The CAFC issued a per curiam decision affirming the Eastern District of Virginia's dismissal with prejudice of Moshe Avram Perry's complaint against the USPTO as frivolous. The court noted this was Perry's third lawsuit alleging misconduct in patent application handling and that prior complaints had been dismissed. The Virginia court denied Perry's in forma pauperis motion and characterized his allegations as fantastical and meritless. Perry filed a judicial misconduct complaint that was dismissed and argued recusal on appeal, but the CAFC found no cogent, non-frivolous basis to reverse or find abuse of discretion.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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