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<title>Petition for Certiorari - Chestek PLLC v. Vidal</title>
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Hi all,<br>
<br>
Hope you're having a great Friday afternoon!<br>
<br>
This is to let you know that on Monday we will be filing a petition
for certiorari in my loss in the Federal Circuit in In re Chestek
PLLC. This step is being taken with great thought. <br>
<br>
The PTO is obliged by statute to follow the same processes described
in the Administrative Procedures Act that all government agencies
follow, which is to publish proposed rules for notice and comment
and then consider the comments when propounding any final rule. In a
broadly sweeping opinion, the Federal Circuit did <i>not</i> say
that the proper steps were followed in the rulemaking for the
domicile address requirement but instead skirted it by saying,
essentially, that the PTO doesn't ever have to comply with that
statutory requirement and therefore can propound any rule that it
wants, for both patents and trademarks, without any obligation to do
any formal rulemaking at all. Any advance warning or consultation
with the stakeholders about new rules may be a thing of the past.<br>
<br>
The implications of this for both trademark and patent practitioners
is profound. This case is also the only opportunity to force the PTO
to reverse course. If not challenged, the decision stands and the
next person challenging any egregious rulemaking will have to
overcome this appeals-level precedent.<br>
<br>
I am hoping that those of you who represent clients or organizations
who might be adversely affected by an unfettered PTO will consider
filing a petition in support of the Supreme Court's grant of
certiorari. This is when I need the most support - we need to
convince the Supreme Court that this case must be heard. This is
actually more important than briefs once cert has been granted. If
you'd like a copy of the petition being filed, write to me privately
and I'll be happy to send you a copy.<br>
<br>
We have asked AIPLA and INTA to support the petition for cert but
they haven't committed yet. If you have any influence with those
organizations, please encourage them to file a petition in support.
I would also ask anyone who is a member of IPO to ask them to
consider supporting the petition.<br>
<br>
Thanks so much for your past support - I have had many private
comments thanking me and appreciate them all. And please help me
with this one last step.<br>
<br>
Pam<br>
<div class="moz-signature"> <br>
Pamela S. Chestek<br>
Chestek Legal<br>
300 Fayetteville St.<br>
Unit 2492<br>
Raleigh, NC 27602<br>
+1 919-800-8033<br>
<a class="moz-txt-link-abbreviated" href="mailto:pamela@chesteklegal.com">pamela@chesteklegal.com</a><br>
<a class="moz-txt-link-abbreviated" href="http://www.chesteklegal.com">www.chesteklegal.com</a><br>
<br>
<br>
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