Michaels v. United States Patent and Trademark Office

Background

Scott Michaels brings federal-law claims against the United States Patent and Trademark Office (USPTO) and Kathi Vidal, in her official capacity as USPTO director. The opinion states that Michaels is a British citizen and is representing himself. Chief District Judge Swain had previously granted Michaels permission to proceed without paying court fees in advance.

Service of Process

Because Michaels was permitted to proceed without paying fees in advance, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court also noted that the usual 90-day deadline for serving a summons could not begin in the ordinary way because Michaels could not arrange service until the court reviewed the complaint and ordered the summonses issued. The court extended the service deadline until 90 days after any summonses issue.

Order

The Clerk of Court was instructed to mark the United States-service box on the required service form, issue a summons, and deliver to the Marshals Service a copy of the order and other paperwork needed to serve the United States. The order lists service addresses for the USPTO’s Office of the General Counsel, the United States Attorney’s Office for the Southern District of New York, and the Attorney General of the United States. The court also substituted current USPTO director John A. Squires for Kathi Vidal under Federal Rule of Civil Procedure 25(d) and asked the Clerk to update the docket caption. Judge Stewart D. Aaron further advised Michaels that he could elect to receive court documents by email and directed that an information package be mailed to him.

What the Order Did Not Decide

This order addressed permission-based service and docket administration. It did not decide the merits of Michaels’s federal-law claims.