No. 21-5728

Alberto Solar-Somohano v. Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2021-09-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-appeal administrative-exhaustion appointment-clause carr-v-saul civil-procedure constitutional-challenge patent-registration principle-officer trademark-board
Key Terms:
Trademark Patent JusticiabilityDoctri
Latest Conference: 2021-10-15
Question Presented (AI Summary)

Whether under Carr v. Saul the exhaustion of administrative appeal to the Trial Trademark Board can be bypass directly appealing to the Court of Appeals on a Rule 5.1 appointment clause constitutional challenge

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether under Carr v. Saul the exhaustion of administrative appeal to the Trial Trademark Board can be bypass directly appealing to the Court of Appeals on a Rule 5.1 appointment clause constitutional challenge. i. Whether after US v. Arthrex final decision on registration and cancellation of Patents & ; Trademarks certificate be by principle officers , President appointee Senate consented appointed : ; @ ; QUESTIONS PRESENTED : Whether under Carr v. Saul the exhaustion of administrative appeal to the Trial Trademark Board can be bypass directly appealing to the Court of Appeals on a Rule 5.1 appointment clause constitutional challenge. Ir. Whether after US v. Arthrex final decision on registration and cancellation of Patents & Trademarks certificate be by principle officers , President appointee Senate consented appointed ; (ii)

Docket Entries

2021-10-18
Petition DENIED.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-24
Waiver of right of respondent Hirshfeld, Andrew to respond filed.
2021-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2021)

Attorneys

Alberto Solar-Somohano
Alberto Solar-Somohano — Petitioner
Alberto Solar-Somohano — Petitioner
Hirshfeld, Andrew
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent