MADSTAD ENGINEERING, INC. and Mark Stadnyk, Plaintiffs-Appellants, v. UNITED STATES PATENT AND TRADEMARK OFFICE, Michelle K. Lee, Deputy Director, United States Patent and Trademark Office, and United States, Defendants-Appellees

O’MALLEY, Circuit Judge. In this constitutional challenge, Mark Stadnyk and MadStad Engineering, Inc. (collectively, “MadStad”) filed suit against the United States Patent and Trademark Office (“PTO”), its then director, David Kappos, in his official capacity, and the United States of America (collectively, “the Government”) in the United States District Court for the Middle Dis