The US Court of Appeals for the Federal Circuit confirmed a district court’s analysis under the Administrative Procedure Act (APA) of three challenges to the US Patent and Trademark Office (PTO), affirming the district court’s lack of jurisdiction for the first two challenges and a time-bar for the third. Odyssey Logistics & Tech. Corp. v. Iancu, Case No. 19-1066 (Fed. Cir. May 22, 2020) (Hughes, J.). Essentially, Odyssey brought the first two challenges too early, and the third challenge too late.
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