CAFC: The PTO Doesn't Have to Rexamine Patents Allegedly Improperly Issued Because of Patent Office Delays in Examining an Application

Pieczenik v. Dimantis, 04-1477 (Fed. Cir. 2005) NON-PRECEDENTIAL, Dr. Pieczenik, disappointed in the twelve year delay in the issuance of his patents, sued the Patent Office and the FDA, asking that the patent office reexamine more than 1,000 patents that issued between the filing of his applications and the issuance of his patenst, and asking the FDA to reexamine a biologic license granted on a particular judge. In a non-precedential opionion, the Federal Circuit found that mandamus was not appropriate since Dr. Pieczenik had not exhausted his administrative remedies, and in any event neither agency owned him a non-discretionary duty to take the requested actions.
COMMENT: A lot of inventors can sympathize with Dr. Pieczenik's frustration at examination delays in the Patent Office.