Professional Programs Group v. Department of Commerce

Professional Programs Group (“Professional Programs”) appeals the district court summary judgment in its action seeking disclosure of documents under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 . Professional Programs alleges that summary judgment was improperly granted in favor of the government because the district court committed procedural errors in violation of local rules. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I

Professional Programs is in the business of offering preparation courses to lawyers who intend to take the patent bar examination. In June, 1991, Professional Programs requested that the Patent and Trademarks Office (“Patent Office”) disclose, pursuant to FOIA, 5 U.S.C. § 552 , the names and addresses of persons registered to take the August, 1991, examination. The Patent Office’s policy is to release the names and addresses of only those applicants who have passed the examination.

The Patent Office denied the request, claiming the information was exempt from disclosure under Exemption 6 of the FOIA, because it was contained in a personnel, medical or similar file and disclosure would constitute a “clearly unwarranted…