Renewal Servs. v. USPTO, No. 16-56088, 2018 WL 2292900 (9th Cir. May 18, 2018) (per curiam)

Renewal Servs. v. USPTO, No. 16-56088, 2018 WL 2292900 (9th Cir. May 18, 2018) (per curiam)

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

Disposition:  Affirming district court's grant of government's motion to dismiss

• Proactive Disclosures:  The Court of Appeals for the Ninth Circuit holds that, "by its own terms, § 552(a)(3) does not apply to records already made available in an electronic format by an agency pursuant to § 552(a)(2)."  The court relates that "[t]he parties agree that files for granted patents are indexed and made publically available on the USPTO website under 5 U.S.C. § 552(a)(2)(A) as final opinions."  The court finds that, "[t]he district court therefore correctly dismissed the complaint."