In Invention Submission V

question 184

Multiple Choice

In Invention Submission v. Rogan, the Patent and Trademark Office (PTO) used a testimonial from a client of Invention Submission (IS) as an example of someone who felt abused by a patent-marketing scheme. IS had not been convicted of wrongdoing so it sued the PTO for violating the Administrative Procedure Act (APA) by using that example in its advertising campaign about patent-marketing scams. The appeals court held that the PTO's campaign:

• A) did not constitute as agency action, but it did create legal consequences for Invention Submission so the district court was correct in dismissing the case
• B) constituted an agency action, but did not create legal consequences for Invention Submission so the district court was correct in dismissing the case
• C) did not constitute as agency action and did not create legal consequences for Invention Submission so the district court was correct in dismissing the case
• D) constituted an agency action, but did not create legal consequences for Invention Submission so the district court was incorrect in dismissing the case
• E) constituted an agency action and it created legal consequences for Invention Submission so the district court was incorrect in dismissing the case

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Definitions:

Lessee

The party in a lease agreement who has the right to use the property, plant, or equipment leased from the lessor for a specified period.

Sale and Leaseback

A financial transaction where the owner sells an asset and immediately leases it back from the buyer, often used in real estate.

Financial Lease

A type of lease where the lessee has use of the asset for most of its useful life, and the lease payments are designed to cover the full cost of the asset, often with an option to purchase the asset at the end of the lease term.

Lessor

The party who rents or leases property to another; the owner of the property being rented or leased.