GENERAL AFFIDAVIT
`
`TTAB
`
`State of Florida
`
`County of ___ORANGE
`
`_
`
`gned/‘Notary,
`ii
`
`fi?7eV77J2t3
`.
`[name of
`
`BEFORE M P, the uncle
`
`
`
`i D,
`[day ofmonthj day of August
`personally appeared 1 §(/wt C Ar ’ V
`
`,
`[month], 2014
`[name of
`
`afiant], known to me to be a credible person and of lawful age, who being by
`me first duly sworn, on
`[his or her] oath, deposes and says:
`
`MOTION FOR RELIEF FROM JUDGMENT-RULE 60(b)(1)(2) TTAB
`PROCEEDING NO. 92056888,
`
`Motion for a Final Judgment on the Merits for RCFC 58(d)(4)(5), the money-
`mandating Statue that supports the Appellant's Injunctive Relief 28 U.S.C.
`SUBSECTION 1498(b), Section 504 (c) of title 17, UNITED STATES
`CODE, SURRENDER (37 CFR 2.134 (b), or Voluntary Cancellation of
`Registration (ttab proceeding no. 920568888) and 37 CFR 2.161
`Requirements for a complete Affidavit or declaration of continued Use or
`Excusable nonuse. FRAP 27 (C) MOTIONS, MOTION TO DISQUALIFY
`COUNSEL,MOTION TO CPLALLENGE JURISDICTION; MOTION FOR
`CLERICAL MISPRISION-RULE 4(a)(4(A)-Effect of a Motion on Notice of
`Appeal: 28 U.S.C. 1291, 1292 (e) CASE NO. 14-459C-COFC AND 14-
`5 1 30-CAFC.
`
`[setforth afi"zam"s stateme offacts]
`.
`/‘
`.
`
`
`
`
` /as
`
`ISAAC A. POTTER JR
`
`1
`
` WWWWWWWMWM NW
`
`*O8—18—2014*
`U .S. Patent and Trademark Ofiioe #72
`
`

`
`[typed name ofafiant]
`5503 S. TAMPA AVENUE
`
`
`
`[address ofafiiant, line 1]
`
`ORLANDO, FLORIDA 32839, 407-217-3120, EMAIL: ipotter2000
`@yahoo.com
`[address ofajfiant, line 2]
`
`State of Florida A P
`Countyof Y" C
`
`
`day of
`S
`I
`om to (or aflirmed) and subscribed before me this
`‘
`I
`//7
`I
`. (year), by
`i
`(name ofperson making
`
`
`
`(Piint, Type, or Stamp Congnissioned Name of Notary Public)
`Personally Known (/
`OR Produced Identification
`
`Type of Identification Produced
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY THAT I SERVED A COPY,MOTION FOR RELIEF
`
`2
`
`

`
`FROM JUDGIVIENT-RULE 60(b)(1)(2 TTAB PROCEEDING NO.
`
`92056888), Motion for a Final Judgment on the Merits for RCFC 58(d)(4)(5),
`
`the money-mandating Statue that supports the Appellant's Injunctive Relief 28
`
`U.S.C. SUBSECTION l498(b), Section 504 (c) of title 17, UNITED
`
`STATES CODE, SURRENDER (37 CFR 2.134 (b), or Voluntary
`
`Cancellation of Registration (ttab proceeding no. 920568888) and 37 CFR
`
`2.161 Requirements for a complete Affidavit or declaration of continued Use
`
`or Excusable nonuse. FRAP 27 (C) MOTIONS, MOTION TO
`
`CHALLENGE JURISDICTION; MOTION FOR CLERICAL MISPRISION-
`
`RULE 4(a)(4(A)-Effect of a Motion on Notice of Appeal: 28 U.S.C. 1291,
`
`1292 (e) CASE NO. 14-459C-COFC AND 14-5130-CAFC . MOTION TO
`
`DISQUALIFY COUNSEL.
`
`ON COUNSEL OF RECORD ON AUGUST
`
`A‘;
`
`2014 BY US MAIL
`
`5503 s. TAMPA AVENUE, ORLANDO, FLORIDA
`217-3 120, EMAI.I:.*ipotter2000@yahoo.com
`'
`/
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`

`
`UNITED STATTES COURT OF APPEALS
`
`FOR THE FEDERAL CIRCUIT
`
`CASE NO. 14-5130 AND CASE NO. 14-1379
`
`ISAAC A. POTTER JR.,
`
`APPELLANT,
`
`V.
`
`UNITED STATES,
`
`APPELLEE,
`
`MOTION FOR RELIEF FROM JUDGMENT-RULE 60(b)
`(l)(2), TTAB PROCEEDING NO. 92056888 UNDER THE
`SAVING CLASE (FRAUD PERPETRATED)_
`
`MOTION FOR CLERICAL MISPRISION-RULE 4(a)(4(A)-
`
`Effect of a Motion on Notice of Appeal: 28 U.S.C. 1291, 1292 (e),
`
`Motion for a Final Judgment on the Merits for RCFC 58(d)
`
`(4)(5), the money-mandating Statue that supports the Appellant's Injunctive
`Relief 28 U.S.C. SUBSECTION l498(b), Section 504 (c) of title 17,
`UNITED STATES CODE, SURRENDER (37 CFR 2.134 (b), or Voluntary
`Cancellation of Registration (ttab proceeding no. 920568888) and 37 CFR
`2.161 Requirements for a complete Affidavit or declaration of continued Use
`or Excusable nonuse. FRAP 27 (C), AND 28 U.S.C. CODE SUBSECTION
`1291-FINAL DECISIONS OF DISTRICT COURTS-CASE NO. 1-13-
`01417-Cl\/[H-IDD AND CASE NO. 14-459C-COFC- JUDGE JAMES F.
`
`MEROW and TTAB PROCEEDING NO. 92056888.
`
`MOTION TO DISQUALIFY COUNSEL-KIRBY W. LEE
`
`
`
`

`
`AND DANIEL E. O. TOOLE (CLERK)
`
`FOR VIOLATION OF DUE PROCESS, BREACH OF FIDUCIARY
`DUTY, EXCESS OF AUTHORIZATION-FRAP 27 (c),RULE 60 (B)(1)(2)
`MISTAKES: INADVERTENCE; EXCUSABLE NEGLECT; FRAUD, ETC.
`
`MOTION FOR CLERICAL MISPRISION-
`
`PURSUANT TO RULE 4(a)(4)(A)-- Effect of a Motion on Notice of Appeal:
`
`If a party files in the district court any of the following motions under FRCP,
`the time to file an appeal runs for all parties from the entry of the ORDER
`disposing of the last such remaining Motion:--(case no. 14-459c COFC).
`
`(vi) for relief under Rule 60 if the motion is filed no later then 10 days after
`the judgment is entered.
`
`Absent a final IUDGl\/[ENT below, Appellant argues that the spirit of Rule 4
`(a)(4)(A) controls i.e. where it states: "the time to file an appeal runs for all
`parties from entry of the order [not "judgment"] disposing of
`the last such remaining motion." 28 U.S.C. 1291, l292(e).
`case no. 14-4590 (COFC) JUDGE JAMES F. MEROW.
`
`28 U.S. CODE SUBSECTION 1291-FINAL DECISIONS
`
`OF DISTRICT COURTS
`
`The court of appeals (Other than the United States Court of Appeals for the
`Federal Circuit) shall have jurisdiction of appeals from all final decisions of
`the district courts of the United States, the United States District Court for the
`District of the Canal Zone, the District Court of Guam, and the District of the
`Virgin Islands, except where a direct review may be had in the Supreme
`Court. The jurisdiction of the United States Court of Appeals for Federal
`Circuit shall be limited to the jurisdiction described in sections 1292 (c) and
`
`
`
`

`
`(d) 1295 of this title.
`
`28 U.S.CODE SUBSECTION 1292-INTERLOCUTORY
`
`DECISIONS (e)
`
`The Supreme Court may prescribe rules, in accordance with section 2072 of
`this title, to provide for an appeal of an interlocutory decision to the courts of
`appeals that is not otherwise provided for under subsection (a),(b),(c), or (d).
`
`A clerical rnisprision is either a mistake or fraud committed by the clerk of the
`court, which is susceptible of demonstration by the face of the record.
`[CommonWealth V. Caudill, 121 Ky, 537, 540-541 (Ky. 1905)]
`
`Certain specified post judgment motions suspend a filed notice of appeal until
`the disposition of the last such motions. The purpose of this amendment is to
`suspend the 10-day period for filing and serving a designation of the record
`and statement of the issues if a timely post judgment motion is made and a
`notice of appeal is suspended under Rule 8002(b). The 10-day period set
`forth is in the first sentence of this rule begins to run when the order disposing
`of the last such post judgment motions outstanding is entered. The other
`amendments to this rule are stylistic.
`
`MOTION FOR A STAY PURSUANT TO FED. R. APP. P. 8 (a), requires a
`party seeking a stay pending appeal, to move first in the district court for
`approval. The district court and or The U.S. COURT OF FEDERAL
`CLAIMS HAS DENIED THE MOTION FOR A STAY BY
`
`RESPONDENT- KIRBY W. LEE, CASE NO. 14-459C.
`
`REASON FOR DENTAL OF A STAY PURSUANT TO FED. R. APP. P. 8
`
`(a) pursuant to RULE 62(e).
`
`1. There is no automatic stay in injunction, receivership, or accounting in
`patent infiingement cases. FED R. CIV 62 (a). The mere filing of a
`supersedeas bond will not stay an injunction in a patent infringement action
`unless the court so orders. Beaver Cloth Cutting Mach., Inc. V. H. Mairnin
`
`
`
`

`
`Co., 37 F.R.D. 47, 49-51 (D.C.N.Y. 1964), rev‘d on other grounds, 343 F. 2d
`442 (2d Cir. l965)(reversing judgment on merits).
`
`2. A party attempting to stay an injunction bears a heavy burden to
`demonstrate to the court that: (1) it will preval on appeal; (2) it will suffer
`irreparable injury in the absence of a stay; (3) no substantial harm will occur
`to the prevailing parties; and (4) a stay would be in the public interest.
`
`CONCLUSION:
`
`Their is a substantial likelihood that the plaintiff will prevail upon the merits
`in the final adjudication of this civil action no. 14-459C-COFC, l4-5130
`CAFC, TTAB PROCEEDING NO. 92056888
`
`As a direct and proximate result of defendant's wrongful appropriation and
`exploitation of plaintiffs protected product, plaintiff have been forced to
`institute this action to protect such rights and seek the remedies available by
`
`law.
`
`The hardship upon which the plaintiff will and has endured will ensure from
`enjoining futher criminal infringement of the copyright ownership and patent
`is continuing and irreparable.
`
`The issuance of the injunction will not just serve the public interest. To the
`contrary granting the injunctive relief sought will serve the express national
`purpose of protecting Federally and State created patent and or copyrights
`ownership rights.
`
`15 U.S.Code subsection 56 and 53 intervention (injunctive relief), and 17
`
`U.S. code subsection 507.
`
`Congress has enacted 35 USC, section 283 expressly authorizing injunctive
`relief against patent or copyright ownership claim continue infringement in
`order to perserve the federally mandated monoploy created by federal and or
`state law for the benefit of the patent holder.
`
`Wherefore the plaintiff prey and for these reasons, plaintiff seek a temporary
`restraining order, a preliminary injunction, and a permanent injunction,
`
`\
`
`*
`
`§
`
`1
`
`7
`
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`
`

`
`injunctive relief according to law, interests and any other remedies according
`to proof and law.
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`
`14-5130 Case Caption August 8, 2014 1:20 PM 1
`ISAAC A. POTTER, JR.,
`
`
`
`Plaintiff - Appellant
`
`UNITED STATES ,
`
`Defendant
`
`— Appellee
`
`

`
`Form 5
`
`FORM 6. Motion and Declaration for Leave to Proceed in Form Pauperis
`
`
`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`1
`
`No.
`
`In Ez"§
`
`Motion and Declaration for Leave to Proceed in F __,
`
`INSTRUCTIONS: If you do not pay the fee, file this completed form with
`review or notice of appeal within 14 days ofthe date ofdocketing. Complete all questions in this
`application and then sign it. Do not leave any blanks; ifthe answer to a question is “O”, "none”,
`or “not applicable ”(N/A), write in that response.
`If you need more space to answer a question
`or to explain your answer, attach a separate sheet of paper identified with your name, your case
`docket number, and the question number. Failure to fiilly answer the questions may result in a
`denial ofthe motion.
`
`Petitioner/Appellant hereby moves for leave to proceed in forma pauperis, pursuant to
`28 U.S.C. § 1915, in this case and s mits the following declaration in support thereof:
`
`,/
`I, _,,___i._/ /Li‘:
`
`/7 G
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`
`, am the Petitioner/Appellai'it in the
`
`n support of my motion to proceed on appeal without being required to pay
`above-entitled case.
`the docketing fee, I state that I am unable to pay the fee because ofmy poverty; that I believe that I
`_,«
`am entitled to redress; and that the issues which I desire to present on appeal are the following:
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`I further declare that the res onses which I have made to the uestions and instructions
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`below relating to my ability to pay the docketing fee are true.
`
`For both you and your spouse, estimate the average amount of money received from
`l.
`each ofthe following sources during the past 12 months. Adjust any amount that was received
`weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross
`amounts, that is, amounts before any deductions for taxes or otherwise.
`
`Income source
`
`Average monthly amount
`during the past 12 months
`
`Amount expected
`next month
`
`!
`
`Employment
`Self-employment
`Income from real property
`
`(such as rental income)
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`You,
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`$ ,‘
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`114
`
`

`
`FORM 6. Motion and Declaration for Leave to Proceed in Form Pauperis (continued)
`
`
`
`Form 6
`
`Average monthly amount
`during the past 12 months
`
`Amount expected
`next month
`
`»
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`,
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`interest and dividends
`Gifts
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`Alimony
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`Child support
`Retirement (such as
`social security, pensions,
`annuities, insurance)
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`Disability (such as social
`security, insurance payments)
`Unemployment payments
`Public assistance (such
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`Total monthly income.
`List your employment history for the past two years, most recent employer first.
`2.
`(Gross monthly pay is pay before taxes or other deductions.)
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`Gross monthly
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`List your spouse’s employment history for the past two years, most recent
`3.
`employer first.
`(Gross monthly pay is pay before taxes or other deductions.)
`
`Employer
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`
`Address
`
`Dates of
`employment
`
`Gross monthly
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`
`4. Are you presently incarcerated?
`
`Yes
`
`/‘{Ifso, you must attach a
`
`statement certified by the appropriate institutional officer showing all receipts, expenditures,
`and balances during the last six months in your institutional accounts. If you have multiple
`accounts, perhaps because you have been in multiple institutions, attach one certified statement
`of each account.
`
`
`
`

`
`Form 6
`
`FORM 6. Motion and Declaration for Leave to Proceed in Form Pauperis (continued)
`
`5. How much cash do you and your spouse have’? $ 5
`Below, state any money you or your spouse have in bank accounts or in any other financial
`institution. State the average monthly balance.
`
`0‘?
`
`/
`
`Amount
`your spouse has
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`List the assets, and their
`ues, which you own or your spouse owns. Do not list
`clothing and ordinary household furnishings.
`
`Home
`
`(Value) Other real estate
`
`A“
`
`(Value) Other assets
`
`(Value)
`
`‘
`
`vJ\.“iint_1_p).Xb,/
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`(Value) Motor vehicle #1
`Make, model & year:
`
`Motor Vehicle #2
`
`Make, model & year:
`
`
`
`aV
`
`alue:
`
`Registration #2
`
`Registration #:
`
`7.
`State every person, business, or organization owing you or your spouse money, and
`the amount owed:
`
`Person, business
`or organization owing
`
`Amount owed to you
`
`Amount owed to your
`spouse
`
`y U91’ your spouse _II1OI1€y
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`6.
`
`

`
`FORM 6. Motion and Declaration for Leave to Proceed in Form Pauperis (continued)
`,_
`
`Form 6
`
`8.
`
`State the persons who rely on you or your spouse for support:
`
`Initials of Person
`
`1 Relationship
`
`Age
`
`Zghllfi
`
`
`J
`3?
`Estimate the average monthly e. penses of you and your family. Show separately the
`9.
`amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly,
`semiannually, or annually to show the monthly rate.
`
`Z7
`
`Rent or home mortgage payment
`(include lot rented for mobile home)
`
`You,” \ \
`$ /3 fir’;
`
`Y’0’igs50use
`$
`555‘
`
`Are real estate taxes included‘?
`__Yes _ 0
`Is property insurance included? __Yes Z16
`Utilities (electricity, heating fuel, water, sewer,
`and telephone)
`Home maintenance (repairs and upkeep)
`o-ad
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`$
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`Clothing Laundry and dry cleaning
`
`Medical and dental expenses
`Transportation (not including motor vehicle payments)
`Recreation, entertainment, newspapers, magazines, etc.
`
`'
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`35
`50
`33
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`lnsurance (not deducted from wages or included
`in mortgage payments)
`
`l-lomeowner’s or renter's
`
`Life
`
`Health
`
`Motor vehicle
`
`Other:
`
`Taxes (not deducted from wages or included
`in mortgage payments) (specify):
`
`
`
`

`
`Form 6
`
`FORM 6. Motion and Declaration for Leave to Proceed in Forma Pauperis (continued)
`
`installment payments
`
`You
`
`Your spouse
`
`Motor vehicle
`
`Credit card (name):
`
`Department store (name):
`
`Other:
`
`Alimony, maintenance, and support paid to others
`
`Regular expenses for operation of business,
`
`profession or farm (attach detailed statement)
`
`Other (specify):
`
`Total monthly expenses:
`
`Do you expect any major Changes to your monthly income or expenses or in your
`10.
`assets or liabilities during the next 12 months?
`» /
`If yes, describe on an attached sheet.
`_Yes 7§_No
`ll.
`Have you paid, or will you be paying, an attorney any money for services in
`connection with this case, including the completion of this form‘?
`_Yes XLNO
`lf yes, how much? 53
`If yes. state the attorney’s name, address, and telephone number:
`
`Have you paid, or will you bepaying, anyone other than an attorney (such as
`12.
`a paralegal or a typist) any money for services in connection with this case, including the
`completion ofthis form‘?
`If yes, how much? $
`_Yes 7x:No
`if yes. state the person’s name, address, and telephone number:
`
`Provide any other information that will help explain why you cannot pay the
`13.
`docketing fees for your appeal or petition for review.
`
`art
`
`118
`
`a1’/»,:';;
`
`\- l
`
`

`
`FORM 5. Motion and Declaration for Leave to Proceed in Form Pauperis (continued)
`
`Form 6
`
`Yes
`
`No
`
`If yes, state the name and docket number ofthat case.
`
`1“ .
`
`4
`
`case in this court?
`
`Have y led a motion for leave to proceed in forma pauperis in any other
`-“T”
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`Your age: $ /\7
`Your years of schooling:
`l Q
`
`13.
`
`State the address of your legal residence:
`
`You must sign and date the declaration under penalty of perjury.
`
`DECLARATION UNDER PENALTY OF PERJURY
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`I declare under penalty of perjury, under the laws of the United States, that my answers on this
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`form are true and correct.
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`ORDER OF THE COURT
`
`The motion to proceed in forma
`pauperis is DENIED. The docketing
`fee must be paid within 14 days.
`
`The motion to proceed in forma pauperis
`is GRANTED. Let the applicant proceed
`without prepayment of the docketing fee.
`
`Circuit Judge or Clerk
`
`Date
`
`Circuit Judge or Clerk
`
`Date
`
`

`
`FORM 8. Entry of Appearance
`
`Form 8
`
`.__——?
`
`UNITED STATES COUP',[>OF AI/’_PEALS FOR THE FEDERAL CIRCUIT
`1:/mJé_1i__,$v.
`No-2014-5130
`
`ENTRY OF APPEARANCE
`
`(INSTRUCTIONS: Counsel should refer to Federal Circuit Rule 47.3. Pro se petitioners and
`appellants should read paragraphs 1 and 18 of the Guide for Pro Se Petitioners and Appellants.
`File this form with the clerk within 14 days of the date of docketing and serve a copy of it on the
`principal attorney for each party.)
`,,
`
`Please enter my
`Pro Se
`
`earance (select one):
`As counsel for:
`
`3 Pt _
`Name of party?
`
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`
`I am, or the party I represent is (select one):
`
`
`as J9
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`Betitioner
`
`jRespondent TAmicus curiae _:Cross Appellant
`
`Appellant
`
`Appellee
`
`Intervenor
`
`As amicus curiae or intervenor, this party supports (select one):
`
`Petitioner or appellant
`
`Respondent or appellee
`
`
`
`My address and telephone are:
`
`Name:
`
`.23:/< City, State and ZIP:
`
`Telephone:
`Fax #:
`
`
`: .2
`;
`I
`E-mail address:
`Statement to be mpleted by counsel only (select one):
`;%:n the principal attorney for this party in this case and will accept all service
`
`..
`
`_
`
`,
`
`.
`
`,,
`
`,
`
`for the party. I agree to inform all other counsel in this case of the matters
`served upon me.
`
`as the principal attorney who will/will not
`I am replacing
`remain on the case. [Government attorneys only.]
`
`I am not the principal attorney for this party in this case.
`
`Date admitted to Federal Circuit bar (counsel only):
`
`This is my first appearance before the United States Court of Appeals for the Federal Circuit
`(counsel only):
`
`Yes
`
`X" No
`
`A courtroom accessible to the handicapped is required if oral argument is scheduled.
`.~~..
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`
`123
`
`

`
`FORM 26.
`
`tlockaxlnu statement
`
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`Form 25
`
`‘UNITED STATES COURT OF APPEALS
`FORT
`FEDERAL CIRCUIT .
`Hf$::|j,,2g’;Z/*</.— ?‘5i3@- !\Sz>.1<l— 37?
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`This Docketing Statement must be completed by all counsel and filed witllthe coufi within
`14 days of the date of docketing. When the United States or its cficer or agency is _a p_arty,
`this Docketing Statement must be completed by all counsel and filed with the court wxthm 30
`
`
`
`days.ofdocketing. All questions mustbe answered
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`Form 26
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`Foam 25. Docketlng Statement (ltontlnued)
`
`Nature ofjud
`nt (select one)
`'
` udgmmt, 28 USC 1295
`
`1:: Rule 54(b)
`
`.QrlocuteryOrder(specifywe)
`[:1 Other (explain; see Fed. Cir. R. 28(a)(5))
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`Have there been discussions with other parties relating to settlement of this case’?
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`If“yes,” when were the last such discussions?
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`E] During the pendeney of the case below‘?
`1:] Following the judgmentforder appealécteomzt
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`FORM 26. Ducttetlng Statement (continued)
`
`Form 26
`
`’ >24 No
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`Do you believe that this case may be amenable to mediation?
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`I certify that I filed an original and one copy of this Docketing Statement with the Clerk of
`the United Sta a; gun ofAppe
`for th Feeral Circuit and se
`ci a cqpy on counsel of
`record, this
`.
`day of
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`
`Form 12
`
`FORM 12.
`
`Informal Brief (District court, Court of International Trade, and court of Federal claims Cases)
`
`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`55
`()1 H ffi
`i14e51§G
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`
`
`
`INFORMAL BRIEF OF APPELLANT
`
`
`Read the Guide for Pro Se Petitioners and A ellants before completing this form. Attach a copy
`of the final decision or order of the trial court. Answer the following questions as best you can.
`Your answers should refer to the decision or order you are appealing where possible. Use extra
`sheets if needed.
`
`1. Have you ever had another case in this court?
`and number of each case.
`
`Yes E:lNo
`
`If so, state the name
`
`»:—T’31"ii‘TC3/";4“R-}'l»L5l4{ \/r S r L'_jl/‘€t’\,
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`2. Did the trial court incorrectly decide or fail to take into account any facts?l
`‘
`Yes
`If so, what facts? (Refer to paragraph 7 of the Guide.)
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`
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`what grounds?
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`130
`
`

`
`FORM 12.
`
`Informal Brief (District Court, Court of International Trade, and Court of Federal claims cases)
`(continued)
`
`Form 12
`
`5. :Z)regggnswhythetrialco1:rt’sdecision waswrong? Yes ’ |;No If
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`7. Do you want to argue before the court in person? l:lYes
`i:2'No/ If yes, what are
`the reasons why argument will aid the court? (Refer to paragraph 15 of the Guide.)
`
`7
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`Yes
`8. Do you intend to represent yourself?
`of Appearance, indicate your full name, address, and telephone number.
`
` , the attorney for apell_ee, at the following address:
`
`
`I
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`_
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` _ _ _ . , _ 3
`
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`t e Entry of ppearance serve on you by t
`attorney fo
`copy of this brief to the appellee, the court will not file the brief.)
`I‘
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`In addition to mailing a copy to the attorney for the appellee, mail an original and three copies
`of this informal brief and attachments to:
`
`
`
`Clerk of Court
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, NW
`Washington, DC 20439
`
`131
`
`

`
`FORM 30. Certlflcate of Service
`
`Form 30
`
`UNITED S'I'ATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`
`CERTIFICATE OF SERVICE
`
`I certify that I served a copy on counsel ofrecord on
`by.
`
`firm
`
`El Hand
`El Electronic Means
`(by email or CM/ECF)
`
`F__i,m;n?:
`
`Name of Counael
`
`l
`
`A5“
`
`if’
`
`E-mail Address ml1
`
`NOTE: For attorneys filing documents electronically, the name of the filer
`under whose log-in and password :1 document is submitted must be preceded
`by an “Isl” and typed in the space where the signature would otherwise appear.
`Graphic and other electronic signatures are discouraged.
`
`(Cara ~/A{«/379)
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`

`
`UNITED STATES COURT OF APPEALS
`
`FOR THE FEDERAL CIRCUIT
`
`AUGUST
`
`2014
`
`ISAAC A. POTTER JR.,
`PETITIONER,
`
`CASE NO.
`
`’
`
`' D
`
`V.
`
`UNITED STATES,
`
`DEFENDANT,
`
`MOTION FOR AN ORDER TO SHOW CAUSE UNDER
`
`37 CFR subsection 2.134 (b) TTAB PROCEEDING NO. 92056888, SERIAL
`NUMBER 76477503, REGISTRATION NO. 3431651 AND SECTION 12 (a) of
`the TRADEMARK ACT, 15 U.S.C. 1062 (a). FAILURE TO HAVE A
`REGISTRATION CANCELLED AS INADVERTENTLY ISSUED DIRECTED
`TO THE OFFICE OF THE DEPUTY COMMISSIONER FOR TRADEMARK
`EXAMINATION POLICY. "?pQ A P 4)O(b)(’)‘
`PURSUANT TO 37 CFR SUBSECTION 2.134 (b) to prevent a cancellation
`proceeding respondent (Roberta S. Bren/ Toei Animation Co,Ltd) whose subject
`registration come due (May 20, 2014), during the course of the proceeding, for
`Section 8 or 9 Affidavit, from being able to Moot the proceeding, and Avoid
`Judgment, by deliberately failing to file the required Affidavit of Use under
`Section 8, or renewal application under Section 9.
`
`STATEMENT OF FACT
`
`A. THE PETITIONER ALLEGE HE IS A MAN
`
`B. THE PETITIONER ALLEGE THAT ALL ACTS TOOK PLACE ON THE
`SOIL WITHIN THE ACTUAL BOUNDARIES OF THE STATE.
`
`X/15//<1
`
`Cara Na/<L~5/(M
`
`
`
`(P50
`
`

`
`C. THE PETITIONER (VICTIM) SUFFERS LOSS OF MONEY AND FOR
`PROPERTY AS A RESULT OF RELYING UPON AND ACTING UPON THE
`
`UNTRUE REPRESENTATION.
`
`D. THE VICTIM (PETITIONER) RELIES UPON AND ACTS UPON THE
`UNTRUE REPRESENTATION.
`
`E. THE UNTRUE REPRENSENTATION IS BELIEVED TO HAVE HARM
`THE VICTIM (PETITIONER) BILL OF RIGHTS TO WHOM THE
`REPRESENTATION HAS BEEN MADE.
`
`F. THE PETITIONER AS A MAN RELIED UPON THE CLERK OF COURT,
`
`AND JUDGES.
`
`G. IF THE GOVERNMENT AND THE PRIVATE PARTY ENTER INTO A
`"JOINT ENTERPRISE" OR A "SYMBIOTIC RELATIONSHIP" WITH EACH
`OTHER IT IS A STATE ACTION (Burton V. Wilmington Parking Authority, 365
`U.S. 715 (1961).(;<, R339 50, Q3 % 3),/,,m;€,,_,\ 5 k
`) 6)
`
`H. IF THE GOVERNMENT IS " PERVASIVELY ENTWINED WITH THE
`LEADERSHIP OF THE PRIVATE ORGANIZATION THE ACTS OF THE
`ORGANIZATION ARE STATE ACTION (Brentwood Academy v. Tennesse
`Secondary School Atheltic Association, 535 U.S. 971 (2002).
`
`I. THE PETITIONER BINDS THE REGISTRANT TO THE JUDGMENT ON
`PRINCIPLE OF EQUITABLE ESTOPPEL.
`
`I. THE PETITIONER HAS ESTABLISHED THAT THE
`RESPONDENT/REGISTRANT OWED A DUTY TO THE PETITIONER,
`BREACHED THAT DUTY, AND PROXIMATELY CAUSED THE
`PETITIONER INJURY, THE RESPONDENT/REGISTRANT CAN STILL
`RAISE DEFENSES THAT REDUCE OR ELIMINATE HIS LIABLITY.
`NEGLIGENCE CAN BE FOUND BASED ON THE DOCTRINE OF res ipsa
`loquitor. When the law imposes duty on an officer, whether it be by common law
`or statue, and he neglects to perform it, he may be indicted for such neglect; l Salk.
`R. 380; 6 Mod, R. 96; and in some cases neglect will amount to a forfeiture of the
`office. 4 Bl. Corn. 140. seee Bouv. Inst. Index, h.t
`
`X/J5/I 24
`
`.
`
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`
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`
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`
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`
`

`
`K. THE PETITIONER IS ENTITLED TO A FINAL JUGMENT FOR RELIEF
`ACCORDING TO FRCP RULE 12(a)(1).
`
`1. The court action(s) to plain usurpation of power constituting a violation of due
`process. (United States V. Boch Oldsmobile, Inc., 909 F. 2d. 657, 661 (1st Cir.
`1990).
`
`M. Where FRCP Rule 60 (b) (4) is properly invoked on the basis that the
`underlying judgment(s) are void, "Relief is not a discretionary matter, it is
`mandatory. " Orner V. Shalala, 30 F. 3d. 1307 (10th Cir. 1979).
`
`1. THE RESPONDENT FILED A FRAUDULENT DECLARATION AND
`STATEMENT OF USE ON DECEMBER 17, 2002, SIGNED BY MR.
`KATSNOKI YAMMAMOTO (DIRECTOR-INTERNATIONAL
`DEPARTMENT) AND MARCH 06, 2008, SIGNED BY SATOKO SASAKI
`(DEPUTY DIRECTOR) SERIAL NO. 76477503, FOR INTERNATIONAL
`CLASS: 0l6,028,009,025 AND 0 SPECIMEN(S) ON DECEMBER 20, 2002 ALL
`ERRORS BY THE RESPONDENT.
`
`2. THE RESPONDENT FILED AND ENTERED A SECTION 7 (g) of the
`Trademark Act and Rule 2.174 on MAY 06, 2014; THE registrant did NOT file a
`DECLARATION of USE OF MARK under Section 8; a Combined Declaration of
`Use of Mark under Sections 8&l5; or a combined Declaration of use of
`mark/Application for Renewal of Registration of Mark under Section 8 & 9 in
`conjunction with this Section 7 Request. Registrant filed a Notice of Change of
`Address of Applicant on October 20, 2003 and failed to file a Notice of Change of
`Address to the Commissioner as of 2014.
`
`3. The Registrant allege correction of USPTO ERROR 1609.10 (a), the USPTO
`will not issue a certificate of correction under subsection 7(g). 12 (a) of the
`Trademark Act, 15, U.S.C. subsection l062(a), requires examination and
`publication prior to registration. Therefore, the error can be corrected only by
`canceling the registration as inadvertently issued and republishing the mark with
`the correct information.
`
`
`
`

`
`4. THE REGISTRANT WILLFULLY FAILED TO FILE AN AFFIDAVIT
`UNDER SECTION 9 RENEWAL TO MOOT THE TTAB CANCELLATION
`PROCEEDING NO. 92056888 TO AVOID JUDGMENT.
`
`AGRUMENT
`
`MONEY MANDATING STATUE RCFC 58 (d) (4) (5) supports Petitioner
`injunctive relief for Copyright Ownership Claim and Criminal Trademark Claim;
`28 U.S.C. subsection 1498 (b), Patent and Copyright Cases, The minimum
`Statutory Damages as set forth in section 504 (c) of title 17, United States Code.
`
`CONTRARY TO THE RULES OF NATURAL JUSTICE, WHEREAS, THE
`INFERIOR COURT IS HEADED TOWARD DEFEATING A LEGAL RIGHT.
`
`PURSUANT TO FRCP 11 REVIEW (a) determination of historical fact (clearly
`erroneous), (b) determination of legal sufficiency (Abuse of Discretion, (c)
`fashioning of Santions
`
`WHEREFORE THE PETITIONER PREY FOR RESTITUTION TO
`COMPENSATE VICTIM FOR THE HARM SUFFERED DUE TO AN
`INTELLUCTUA