Case: Patents/Jurisdiction (10th Cir.)

The 10th Circuit reversed a federal district court’s order granting the government’s motion to dismiss, for lack of subject matter jurisdiction, a patent applicant’s action against the government under the Federal Tort Claims Act. The 10th Circuit noted that the allegations in the complaint arose from the applicant’s attempt to file a patent application, his further attempts to revive his application after it had been deemed abandoned, and a Patent and Trademark Office employee’s actions during this process. The 10th Circuit did not agree with the government that the revival of the applicant’s patent application resolved the controversy and mooted ...