Piccone v. U.S. Patent and Trademark Office


Question(s) Presented

1. “Are Attorneys undergoing bar disciplinary proceedings before the U.S. Patent and Trademark Office to determine whether they may continue to practice their chosen profession, entitled to material exculpatory information obtained by government investigative attorneys in view of this Court’s decision in Brady v. Maryland, 373 U.S. 83 (1963), federal regulations such as 37 C.F.R. 11.801, and Rule 3.8(d) of the Virginia Rules of Professional Conduct?” 2. When delegated authority, including delegated authority to execute official government documents, violates federal regulation, including specific federal regulations as to whom may sign documents such as 37 C.F.R. § 11.34(a)(5), and is contrary to the Congressional intent expressed in 35 U.S.C. § 26 statute, is the presumption that said delegation was authorized as held in U.S. Telecom Ass ’n v. FCC, 359 F.3d 554, (D.C. Cir. 2004) overcome?”

Posts About this Case

Proceedings and Orders
July 16, 2020
DISTRIBUTED for Conference of 9/29/2020.
October 5, 2020
Petition DENIED.