No. 19-8844

Louis A. Piccone v. United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2020-06-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bar-disciplinary-proceedings brady-v-maryland delegated-authority due-process federal-regulations government-investigation material-exculpatory-information patent patent-and-trademark-office professional-conduct
Key Terms:
ERISA SocialSecurity DueProcess Patent Trademark
Latest Conference: 2020-09-29
Question Presented (from Petition)

I. Are Attorneys undergoing bar disciplinary
proceedings before the U.S. Patent and Trademark
Office to determine whether they may continue to
practice their chosen profession, entitled to material
exculpatory information obtained by government
investigative attorneys in view of this Court 's decision
in Brady v. Maryland , 373 U.S. 83 (1963), federal
regulations such as 37 C.F.R. 11.801, and Rule 3.8(d)
of the Virginia Rules of Professional Conduct?

II. When delegated authority, including delegated
authority to execute official government documents,
violates federal regulation, including specific federal
regulations as to whom may sign documents such as
37 C.F.R. § 11.34(a)(5), and is contrary to the
Congressional intent expressed in 35 U.S.C. § 26
statute, is the presumption that said delegation was
authorized as held in U.S. Telecom Ass 'n v. FCC, 359
F.3d 554, (D.C. Cir. 2004) overcome?

Question Presented (AI Summary)

Are attorneys entitled to material exculpatory information in bar disciplinary proceedings?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-07-09
Waiver of right of respondent Patent and Trademark Office to respond filed.
2020-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2020)

Attorneys

Louis A. Piccone
Louis A. Piccone — Petitioner
Patent and Trademark Office
Jeffrey B. WallActing Solicitor General, Respondent