Tuesday, January 08, 2008

Pro Se Plaintiff Failed to Show Error, Other Than on His Own Part

Clark v. St. Louis Public School District, [2007-1377](January 8, 2008) ][LINN, DYK, and PROST] NON-PRECEDENTIAL The Federal Circuit affirmed summary judgment to the defendants, dismissing Clark’s claims of inducement of patent infringement, willful patent infringement, copyright infringement, and conspiracy in violation of 42 U.S.C. §§ 1983 and 1985, and declining to exercise supplemental jurisdiction over Clark’s remaining claims. Because the record presents no genuine issue of material fact and the defendants are entitled to judgment as a matter of law, see Fed. R. Civ. P. 56(c).
BRIEF: Clark, appearing pro se, raised a number of objections to the procedures below, but failed to show that they prejudiced the outcome. The Federal Circuit agreed with the district court that there was no showing of copying of protectable subject matter. Further there was no showing that Clark had a patent, and the Federal Circuit rejected his argument that the district court should have stayed his infringement suit while the U.S. Patent and Trademark Office considered his patent application.