UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 9, 2012
THE LAW OFFICES OF ANDREW
D. FORTNEY, PH.D., P.C., ET AL.,
UNITED STATES PATENT AND TRADEMARK OFFICE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER GRANTING PLAINTIFFS'
REQUEST FOR VOLUNTARY
DISMISSAL WITHOUT PREJUDICE
ORDER DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT
Plaintiffs The Law Offices of Andrew D. Fortney, Ph.D., P.C. and Dongbu Hitek Co., LTD, filed this action against the United States Patent and Trademark Office ("USPTO") and Director David J. Kappos on August 26, 2011. The action seeks judicial review of final decisions of the USPTO under the Administrative Procedures Act.
On November 23, 2011, Defendants filed a motion to dismiss the First Amended Complaint based on lack of standing and improper venue. The matter was heard on January 6, 2012, before the Honorable Dennis L. Beck, United States Magistrate Judge.*fn1 Bradley Levang appeared on behalf of Plaintiffs. Jeffrey Lodge appeared on behalf of Defendants.
At the outset of the hearing, Plaintiffs moved to dismiss this action without prejudice. The request is GRANTED and this action is DISMISSED WITHOUT PREJUDICE. Defendants' motion to dismiss is DENIED AS MOOT.
This terminates this action in its entirety.
IT IS SO ORDERED.