Memorandum of Amicus Curiae Pro-Se in Opposition to USPTO's Motion to Strike Exhibits

Ron D. Katznelson

Abstract

In response to USPTO's Motion to strike the exhibits of my Amicus brief (see USPTO's motion attached below), this memorandum establishes that such exhibits are properly before the Court. It details the legal standards of review under the Administrative Procedures Act for including extra evidence beyond the agency administrative record and establishes that all subject exhibits in my Amicus brief meet the criteria for augmenting the record in this case. On April 1, 2008, the Court issued its decision in favor of Plaintiffs and permanently enjoined the USPTO rules. (See Order and Opinion attached below). The USPTO's subsequent appeal of this decision to the Court of Appeals for the Federal Circuit is pending.