Renewal Serv. v. U.S. Patent and Trademark Office, No. 15-1779, 2016 WL 3552037 (S.D. Cal. June 29, 2016) (Hayes, J.)

Renewal Serv. v. U.S. Patent and Trademark Office, No. 15-1779, 2016 WL 3552037 (S.D. Cal. June 29, 2016) (Hayes, J.)

Re: Request for records concerning patents issued in on or after January 1, 2002

Disposition: Granting defendant's motion to dismiss

• Proactive Disclosures:  The court holds that "[s]ince the allegations of the Complaint in this case establish that Defendant has made the requested records publicly available and indexed, through electronic means, there are no facts alleged which would support the claim that the requested information is 'improperly withheld' pursuant to 5 U.S.C. § 552(a)(3)."  The court relates that "[t]he facts alleged in the Complaint show that the requested information is available for public inspection, without a request, as required by § 552(a)(2)."  The court finds that "5 U.S.C. § 552(a)(3) specifically provides that the agency need not respond to a § 552(a)(3) request for information when the same information is indexed and made public pursuant to the guidelines of § 552(a)(2)."