Panchev et al v. United States Patent and Trademark Office, No. 1:2012cv00641 - Document 32 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION and ORDER re 20 Motion for Summary Judgment. ORDERED that the Defendant's Motion for Summary Judgment 20 is GRANTED; that Plaintiffs' Complaint is DISMISSED with prejudice. Signed by District Judge Gerald Bruce Lee on 6/25/2013. (rban, )
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Panchev et al v. United States Patent and Trademark Office Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION VLADIMIR PANCHEV. el al. Plaintiffs, Civil Action No. l:12-cv-641 (GBL/IDD) DAVID KAPPOS, Director, United States Patent and Trademark Office, Defendant. MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Defendant's Motion for Summary Judgment. (Doc. 20.) This case concerns Plaintiffs' United States Patent Application 10/496,322 ("the '322 Application"), which seeks the issuance of a patent with claims directed at a method for treating tumors with formic acid. (See Administrative R. Al (hereinafter Admin. R.], Doc. 13-3.) This case presents three issues. The first issue is claim construction. Plaintiffs assign error to the United States Patent and Trademark Office's ("USPTO") construction of their claim term "tumor" to encompass warts. Upon de novo review, the Court construes Plaintiffs' term language to encompass any and all abnormal growths, including warts. The Court reaches this construction for two reasons. First, the Court's construction is consistent with the ordinary and customary meaning of the term as it is used in the claim language and correlates with contemporaneous dictionary definitions, including those to which Plaintiffs cited during prosecution. Second, the Court's construction is Dockets.Justia.com
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