In Invention Submission V

In Invention Submission v. Rogan, the Patent and Trademark Office (PTO) used a testimonial from a client of Invention Submission (IS) as an example of someone who felt abused by a patent-marketing scheme. IS had not been convicted of wrongdoing so it sued the PTO for violating the Administrative Procedure Act (APA) by using that example in its advertising campaign about patent-marketing scams. The appeals court held that the PTO's campaign:

A) did not constitute as agency action, but it did create legal consequences for Invention Submission so the district court was correct in dismissing the case
B) constituted an agency action, but did not create legal consequences for Invention Submission so the district court was correct in dismissing the case
C) did not constitute as agency action and did not create legal consequences for Invention Submission so the district court was correct in dismissing the case
D) constituted an agency action, but did not create legal consequences for Invention Submission so the district court was incorrect in dismissing the case
E) constituted an agency action and it created legal consequences for Invention Submission so the district court was incorrect in dismissing the case