Jeffrey A. Killian v. Katherine K. Vidal, Director, United States Patent and Trademark Office
AdministrativeLaw SocialSecurity DueProcess FifthAmendment Patent Trademark JusticiabilityDoctri
I. Have the numerous departures of the Supreme Court's Alice/Mayo jurisprudence by the Court of Appeals of the Federal Circuit (hereinafter "the Federal Circuit") enabled the USPTO to violate the Title 5 of the United States Code (hereinafter "the Administrative Procedure Act" or "the APA") and the Due Process Clause of the Fifth Amendment of the Constitution?
II. Do the exceptions created by Article III courts of Title 35 U.S.C. § 101 exceed the constitutional authority of the courts?
Whether the Federal Circuit's departures from Supreme Court precedent in applying the Alice/Mayo test have enabled the USPTO to violate the Administrative Procedure Act and the Due Process Clause