No. 22-228

In Re Urvashi Bhagat

Lower Court: N/A
Docketed: 2022-09-12
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law agency-immunity bad-faith damages federal-jurisdiction judicial-discretion mandamus patent-examination patent-rights takings takings-claim
Key Terms:
Takings Patent Trademark
Latest Conference: 2022-10-28
Question Presented (from Petition)

1. Whether the District Court abused discretion and obstructed justice in denying the existence of arguments and facts recited in the complaint refusing to even acknowledge invocations of §§1331 and 1338(a) refusing to answer entirety of the Petitioner's Brief in Opposition invoking this Court's precedents?

2. Whether the District Court abused discretion and obstructed justice in ruling lack of subject matter jurisdiction on "civil actions arising under the Constitution [Art.I.S8.C8], laws [§1338(a] and §145], or treaties of the United States [PCT]" as per 28 U.S.C. § 1331, for damages and/or Takings claims?

3. Whether the USPTO, an agency engaged in business with the public, is immune to damages and jury trial, unlike private enterprises in violation of FHA v. Burr; 309 U.S. 242, 245 (1940), particularly when the agency invades federally protected patent rights in extreme bad faith?

4. Whether the District Court obstructed justice in requiring more than a short/plain statement of the claim showing the pleader is entitled to relief and prejudged the outcome by dismissing the causes of action before deliberating on complete facts from discovery and trial?

Question Presented (AI Summary)

Whether the District Court abused discretion and obstructed justice

Docket Entries

2022-10-31
Petition DENIED.
2022-10-12
DISTRIBUTED for Conference of 10/28/2022.
2022-09-27
Waiver of right of respondent United States to respond filed.
2022-08-17

Attorneys

In Re Urvashi Bhagat
Urvashi Bhagat — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent