Umc Indus., Inc. v. Seaborg, 439 F.2d 953 (9th Cir. 1971). · Go Syfert
Umc Indus., Inc. v. Seaborg, 439 F.2d 953 (9th Cir. 1971). Cases Citing This Book View Copy Cite
27 citation events (2 in the last 25 years) across 10 distinct courts.
Strongest positive: Public Utility Commissioner Of Oregon v. Bonneville Power Administration (ca9, 1985-09-05)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Public Utility Commissioner Of Oregon v. Bonneville Power Administration
9th Cir. · 1985 · confidence medium
Central Lincoln Peoples Utility District v. Johnson, 735 F.2d 1101, 1109 (9th Cir.1984) (Central Lincoln II ); Assure Competitive Transportation, Inc. v. United States, 629 F.2d 467, 470-72 (7th Cir.1980),cert. denied, 449 U.S. 1124 , 101 S.Ct. 941 , 67 L.Ed.2d 110 (1981); Nevada Airlines, Inc. v. Bond, 622 F.2d 1017, 1020 (9th Cir.1980); City of Rochester v. Bond, 603 F.2d 927, 935 (D.C.Cir.1979); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir.1971). 17 The Administrative Procedure Act provides additional support for our conclusion that special statutory schemes of review, such a…
discussed Cited as authority (rule) Public Utility Commissioner v. Bonneville Power Administration
9th Cir. · 1985 · confidence medium
Central Lincoln Peoples Utility District v. Johnson, 735 F.2d 1101, 1109 (9th Cir.1984) (Central Lincoln II); Assure Competitive Transportation, Inc. v. United States, 629 F.2d 467, 470-72 (7th Cir.1980), cert. denied, 449 U.S. 1124 , 101 S.Ct. 941 , 67 L.Ed.2d 110 (1981); Nevada Airlines, Inc. v. Bond, 622 F.2d 1017, 1020 (9th Cir.1980); City of Rochester v. Bond, 603 F.2d 927, 935 (D.C.Cir.1979); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir.1971).
discussed Cited as authority (rule) Escondido Mutual Water Co. v. Federal Energy Regulatory Commission
9th Cir. · 1983 · confidence medium
Such bifurcation of review conflicts with the law of this circuit, that “Congress may select the forum in which review may be had and special statutory review procedures take precedence over whatever non-statutory review might otherwise be available in the district court.” Nevada Airlines, Inc. v. Bond, 622 F.2d 1017, 1020 (9th Cir.1980); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir.1971).
discussed Cited as authority (rule) Escondido Mutual Water Company, City of Escondido, and Vista Irrigation District v. Federal Energy Regulatory Commission, San Pasqual Band of Mission Indians, Secretary of Interior, Etc., Intervenors. San Pasqual, La Jolla, Rincon, Pauma and Pala Bands of Mission Indians v. Federal Energy Regulatory Commission, Escondido Mutual Water Company, City of Escondido and Vista Irrigation District, Intervenors. The Secretary of the Interior, Acting in His Capacity as Trustee for the Rincon, La Jolla and San Pasqual Bands of Mission Indians v. Federal Energy Regulatory Commission, Escondido Mutual Water Company, City of Escondido and Vista Irrigation District, Intervenors
9th Cir. · 1983 · confidence medium
Such bifurcation of review conflicts with the law of this circuit, that "Congress may select the forum in which review may be had and special statutory review procedures take precedence over whatever non-statutory review might otherwise be available in the district court." Nevada Airlines, Inc. v. Bond, 622 F.2d 1017, 1020 (9th Cir.1980); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir.1971). 35 In light of the foregoing precedent, I join in modification of this portion of the opinion on denial of rehearing.
cited Cited as authority (rule) First Nat. Bank of Scotia v. United States
D.D.C. · 1982 · confidence medium
See also Macauley v. Waterman S. S. Corporation, 327 U.S. 540, 543-45 , 66 S.Ct. 712, 713-14 , 90 L.Ed. 839 (1946); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir. 1971).
discussed Cited as authority (rule) CONSORTIUM OF COM. BASED ORGANIZATIONS v. Donovan
E.D. Cal. · 1982 · confidence medium
Cir.1978), cert. denied, 439 U.S. 893 , 99 S.Ct. 250 , 58 L.Ed.2d 238 (1978); See also Macauley v. Waterman Steamship Corp., 327 U.S. 540, 543-45 , 66 S.Ct. 712, 713-15 , 90 L.Ed. 839 (1946); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir. 1971). [15] The plaintiffs have not raised various other arguments.
discussed Cited as authority (rule) Consortium of Community Based Organizations v. Donovan
E.D. Cal. · 1982 · confidence medium
Cir.1978), cert. denied, 439 U.S. 893 , 99 S.Ct. 250 , 58 L.Ed.2d 238 (1978); See also Macauley v. Waterman Steamship Corp., 327 U.S. 540, 543-45 , 66 S.Ct. 712, 713-15 , 90 L.Ed. 839 (1946); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir. 1971). .
discussed Cited as authority (rule) Paul v. Andrus
9th Cir. · 1980 · confidence medium
See, e. g., Lockerty v. Phillips, 319 U.S. 182, 188-89 , 63 S.Ct. 1019, 1022-23 , 87 L.Ed. 1339 (1943); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir. 1971) (venue); Yakus v. U. S., 321 U.S. 414 , 64 S.Ct. 660 , 88 L.Ed. 834 (1944) (60-day time limitation).
discussed Cited as authority (rule) Paul v. Andrus
9th Cir. · 1980 · confidence medium
See, e. g., Lockerty v. Phillips, 319 U.S. 182, 188-89 , 63 S.Ct. 1019, 1022-23 , 87 L.Ed. 1339 (1943); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir. 1971) (venue); Yakus v. U. S., 321 U.S. 414 , 64 S.Ct. 660 , 88 L.Ed. 834 (1944) (60-day time limitation).
discussed Cited as authority (rule) Independent Cosmetic Manufacturers and Distributors, Inc. v. United States Department of Health, Education and Welfare, United States Food and Drug Administration and Donald Kennedy, Commissioner of Food and Drug Administration, Independent Cosmetic Manufacturers and Distributors, Inc. v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare
D.C. Cir. · 1978 · confidence medium
I. duPont de Nemours & Co. v. Train, 528 F.2d 1136 , 1137 & n. 1, 1142 (4th Cir. 1975), (aff'd in part 430 U.S. 112 , 97 S.Ct. 965 , 51 L.Ed.2d 204 (1977)); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir. 1971); United States v. Southern Ry.
discussed Cited as authority (rule) Independent Cosmetic Manufacturers & Distributors, Inc. v. United States Department of Health, Education & Welfare
D.C. Cir. · 1978 · confidence medium
I. duPont de Nemours & Co. v. Train, 528 F.2d 1136 , 1137 & n. 1, 1142 (4th Cir. 1975), [aff'd in part 430 U.S. 112 , 97 S.Ct. 965 , 51 L.Ed.2d 204 (1977)]; UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir. 1971); United States v. Southern Ry.
discussed Cited as authority (rule) Investment Company Institute v. Board of Governors of the Federal Reserve System (2×)
D.C. Cir. · 1977 · confidence medium
I. duPont de Nemours & Co. v. Train, 528 F.2d 1136 , 1137 & n. 1, 1142 (4th Cir. 1975), cert. granted, 425 U.S. 933 , 96 S.Ct. 1662 , 48 L.Ed.2d 174 (1976); UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir. 1971); United States v. Southern Ry.
discussed Cited as authority (rule) The Anaconda Company, a Montana Corporation v. William D. Ruckelshaus, Administrator of the United States Environmental Protection Agency (2×)
10th Cir. · 1973 · confidence medium
For similar results under other statutes, see UMC Industries, Inc. v. Seaborg, 439 F.2d 953, 955 (9th Cir. 1971); United States v. Southern Railway Co., 380 F.2d 49, 54 (4th Cir. 1967): .
discussed Cited "see" Pacific Power And Light Company v. Bonneville Power Administration
9th Cir. · 1986 · signal: see · confidence high
See UMC Industries v. Seaborg, 439 F.2d 953 , 955 (9th Cir.1971) (if Congress designates forum for judicial review of administrative action, that forum is exclusive even if statute does not specifically so indicate).
discussed Cited "see" Pacific Power & Light Co. v. Bonneville Power Administration
9th Cir. · 1986 · signal: see · confidence high
See UMC Industries v. Seaborg, 439 F.2d 953 , 955 (9th Cir.1971) (if Congress designates forum for judicial review of administrative action, that forum is exclusive even if statute does not specifically so indicate).
discussed Cited "see" Public Power Council v. Johnson
D. Or. · 1984 · signal: see · confidence high
See UMC Industries v. Seaborg, 439 F.2d 953 , 955 (9th Cir.1971) (“It is well settled that if Congress, as here, specifically designates a forum for judicial review of administrative action, that forum is exclusive, and this result does not depend upon the use of the word ‘exclusive’ in the statute providing for a forum for judicial review.”) (citations omitted).
Retrieving the full opinion text from the archive…
Umc Industries, Inc., a Delaware Corporation, and Hal R. Spragg
v.
Glen T. Seaborg, Commissioner of the Atomic Energy Commission, Edward J. Brenner, Commissioner of Patents, and the United States of America
24125_1.
Court of Appeals for the Ninth Circuit.
Mar 24, 1971.
439 F.2d 953
Cited by 4 opinions  |  Published

439 F.2d 953

UMC INDUSTRIES, INC., a Delaware corporation, and Hal R. Spragg, Plaintiffs-Appellants,
v.
Glen T. SEABORG, Commissioner of the Atomic Energy Commission, Edward J. Brenner, Commissioner of Patents, and the United States of America, Defendants-Appellees.

No. 24125.

United States Court of Appeals, Ninth Circuit.

March 24, 1971.

Drummond, Cahill & Phillips, Phoenix, Ariz., for plaintiffs-appellants.

Robert E. Kopp, Dept. of Justice (appeared), L. Patrick Gray, Asst. Atty. Gen., Washington, D. C., Richard K. Burke, U. S. Atty., Phoenix, Ariz., for defendants-appellees.

Before KOELSCH, BROWNING, and HUFSTEDLER, Circuit Judges.

PER CURIAM:

[*~953]1

We adopt the following portions of the district court's opinion.

2

"On June 28, 1960, plaintiff, UMC, and the Atomic Energy Commission (hereinafter called Commission) executed a contract whereby the Commission agreed to furnish $50,000 to UMC for research on an invention relating to the treatment of municipal and industrial wastes with nuclear radiation. Plaintiff, Spragg, a research chemist employed by UMC, conducted the research program called for in the contract.

3

In June, 1964, plaintiffs filed a patent application covering the invention that is the basis for the present dispute. Under 42 U.S.C. § 2182:

4

Any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission * * * shall be vested in, and be the property of, the Commission * * *.'

5

The Patent Office determined that the patent sought by plaintiffs might belong to the Commission. Pursuant to 42 U.S.C. § 2182, the Patent Office called upon plaintiffs to submit an affidavit setting forth the facts surrounding the making or conception of the invention described in the application. Plaintiffs submitted such an affidavit on August 26, 1966. The Patent Office then forwarded the patent application and the affidavit to the Commission.

Under 42 U.S.C. § 2182:

6

`The Commissioner of Patents may proceed with the application and issue the patent to the applicant . . . unless the Commission * * * directs the Commissioner of Patents to issue the patent to the Commission * * * to be held by the Commission as the agent of and on behalf of the United States.'

7

On December 23, 1966, the Commission directed the Commissioner of Patents to issue the patent to the Commission.

8

Plaintiffs seek to have this Court determine whether the Commission was entitled to direct the Commissioner of Patents to issue the patent to the Commission, asserting that this directive constituted final agency action subject to review in this Court under the Administrative Procedure Act, 5 U.S.C. § 701 et seq. This assertion must be viewed in light of 42 U.S.C. § 2182, which provides:

9

`If the Commission files such a directive with the Commissioner of Patents, and if the applicant's statement claims, and the applicant still believes, that the invention or discovery was not made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission entitling the Commission to the title to the application or the patent the applicant may * * * request a hearing before a Board of Patent Interferences. The Board shall have the power to hear and determine whether the Commission was entitled to the directive filed with the Commissioner of Patents. The Board shall follow the rules and procedures established for interference cases and an appeal may be taken by either the applicant or the Commission from the final order of the Board to the Court of Customs and Patent Appeals in accordance with the procedures governing the appeals from the Board of Patent Interferences.'

[*~954]10

Thus, Congress has provided an administrative procedure before a Board of Patent Interferences through which a dissatisfied patent applicant can contest the entitlement of the Commission to the directive filed with the Commissioner of Patents. * * *

11

42 U.S.C. § 2182 provides that either the patent applicant or the Commission may appeal the decision of the Board of Patent Interferences to the Court of Customs and Patent Appeals. It is well settled that if Congress, as here, specifically designates a forum for judicial review of administrative action, that forum is exclusive, and this result does not depend upon the use of the word `exclusive' in the statute providing for a forum for judicial review. See Whitney National Bank v. Bank of New Orleans & Trust Co., 379 U.S. 411, [85 S.Ct. 551, 13 L.Ed.2d 386] (1965); Gardner v. [State of Ala. For and in Behalf of] Department of Pensions & Security, 385 F.2d 804 (5th Cir. 1967).

12

In addition, a review of the statute governing judicial review of decisions of the Board of Patent Interferences in a regular patent case indicates that the language in 42 U.S.C. § 2182 limiting review to the Court of Customs and Patent Appeals was intended to establish an exclusive forum for review of Board decisions made pursuant to that section. Under 35 U.S.C. §§ 141, 146, a dissatisfied patent applicant may seek review of a Board decision either in the Court of Customs and Patent Appeals or by de novo review in the district court. See Tibbetts Industries, Inc. v. Knowles Electronics, Inc., 386 F.2d 209 (7th Cir. 1967); Phillips Petroleum Company v. Brenner, [127 U.S.App.D.C. 319] 383 F.2d 514 (1967). If Congress had intended to permit the district courts to review decisions of the Board of Patent Interferences made pursuant to 42 U.S.C. § 2182, it need only have authorized appeals in accordance with the procedures governing appeals from the Board of Patent Interferences. Instead, Congress authorized appeals only `to the Court of Customs and Patent Appeals in accordance with the procedures governing the appeals from the Board of Patent Interferences.'"

13

For the reasons stated, the district court held that decisions of the Board of Patent Interferences made pursuant to 42 U.S.C. § 2182 are reviewable only in the Court of Customs and Patent Appeals and not in the district courts. We agree.

14

In a portion of the district court's opinion we have omitted, the court reserved the question whether a dissatisfied patent applicant might obtain review of the directive of the Commissioner of the Atomic Energy Commission (as distinguished from the decision of the Board of Patent Interferences) by suit in the district court under the Administrative Procedures Act. We are satisfied, however, that 42 U.S. C. § 2182 establishes a single, integrated, and exclusive review procedure consisting of a hearing before the Board of Patent Interferences and an appeal to the Court of Customs and Patent Appeals; and in this respect is clearly distinguishable from the statutory scheme considered in Abbott Laboratories v. Gardner, 387 U.S. 136, 87 S.Ct. 1507, 18 L.Ed.2d 681 (1967).

15

In addition to the factors mentioned by the district court, we note that Congress rejected a proposal for de novo review in the District Court for the District of Columbia. Selected Materials on Atomic Energy Patents, Vol. I, pp. 16-18, March 1959, Joint Committee Print, 86th Cong., 1st Sess.

[*~955]16

Affirmed.