Gilbert Hyatt v. Vidal
| GILBERT P. HYATT |
| ANDREI IANCU, Director, U.S. Patent and Trademark Office, ANDREI IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, ANDREW HIRSHFELD, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, ANDREW HIRSHFELD, Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director of the United States Patent and Trademark Office and KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office |
| 19-1049 |
| October 9, 2018 |
| U.S. Court of Appeals, Federal Circuit |
| Other Statutory Actions (US Def.) |
Docket Report
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| Filing 28 Official caption revised to reflect Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Katherine K. Vidal as Appellant. (see attached). Service as of this date by the Clerk of Court. [843091] [18-2390, 18-2391, 18-2392, 19-1038, 19-1039, 19-1049, 19-1070] [MVH] [Entered: 04/14/2022 11:50 AM] |
| Filing 27 PARTIAL JUDGMENT. VACATED-IN-PART AND REMANDED. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . [777765] [18-2390, 18-2391, 18-2392, 19-1038, 19-1039, 19-1049, 19-1070]--[Edited 06/07/2021 by MJL to reflect that this is a partial judgment] [MVH] [Entered: 06/01/2021 09:40 AM] |
| Filing 26 OPINION filed for the court by Reyna, Circuit Judge; Wallach, Circuit Judge and Hughes, Circuit Judge. Precedential Opinion. [777764] [18-2390, 18-2391, 18-2392, 19-1038, 19-1039, 19-1049, 19-1070] [MVH] [Entered: 06/01/2021 09:38 AM] |
| Filing 25 Official caption revised to reflect Andrew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, as appellant (see attached). Service as of this date by the Clerk of Court. [751033] [18-2390, 18-2391, 18-2392, 19-1038, 19-1039, 19-1049, 19-1070] [JAL] [Entered: 01/22/2021 01:21 PM] |
| Filing 24 Note to file: The following cases are associated:18-2390 (lead) with 19-1049 (consolidated). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [582415] [18-2390, 19-1049] [SJ] [Entered: 01/31/2019 01:23 PM] |
Filing 23
ORDER filed. The stay of the briefing schedule is lifted. The parties' joint motion [ # 561742-2 ] [ # 9 ] is granted to the extent that the appeals are consolidated, the principal brief of the Director of the United States Patent and Trademark Office is not to exceed 17,500 words; Gilbert P. Hyatt's principal and response brief is not to exceed 20,625 words; the Director's response and reply brief is not to exceed 17,500 words; and Mr. Hyatt's reply brief is not to exceed 8,750 words. The Director's principal brief is due within 30 days of the date of filing of this order. The due dates for the parties' remaining briefs should be calculated according to Federal Circuit Rule 31(a). The revised official caption is reflected in the order. The Director is expected to summarize his response as to why this court has jurisdiction over Appeal No. 2019-1049 in the jurisdictional statement in his principal brief. A copy of this order shall be transmitted to the merits panel assigned to these appeals.; - FOR CALENDAR . Service: 01/31/2019 by clerk. [582299] [18-2390, 19-1049] [LMS] [Entered: 01/31/2019 09:16 AM]
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| Filing 22 Notice of Appointment of New Solicitor for the U.S. Patent and Trademark Office. Service: 01/22/2019 by clerk. [579573] [17-2257, 17-2304, 17-2323, 17-2593, 17-2621, 18-1047, 18-1048, 18-1070, 18-1105, 18-1163, 18-1302, 18-1311, 18-1368, 18-1385, 18-1438, 18-1443, 18-1485, 18-1489, 18-1659, 18-1768, 18-1772, 18-1876, 18-1883, 18-1901, 18-1925, 18-1933, 18-1944, 18-1968, 18-2000, 18-2031, 18-2032, 18-2069, 18-2082, 18-2106, 18-2170, 18-2236, 18-2271, 18-2329, 19-1049, 19-1117, 19-1334] [MJL] [Entered: 01/22/2019 10:12 AM] |
| Filing 21 RESPONSE of Cross-Appellant Gilbert P. Hyatt to the court order to show cause [ # 14 ] , court order to stay appeal [ # 14 ] , court order [ # 14 ]. Service: 12/26/2018 by email. [574418] [19-1049] [Andrew Grossman] [Entered: 12/26/2018 11:47 AM] |
| Filing 20 CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Appellant's response [ # 19 ] was not fully text-searchable. CORRECTION: Pursuant to the court's Electronic Filing Procedures (established under FCR 25(c)(4) and 25(d)), documents must be text-searchable. Please ensure future filings are entirely text-searchable. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [572071] [MJL] [Entered: 12/17/2018 09:22 AM] |
| Filing 19 RESPONSE of Appellant Iancu to the court order to show cause [ # 14 ] , court order to stay appeal [ # 14 ] , court order [ # 14 ]. Service: 12/17/2018 by email. [572050] [19-1049] [Molly Silfen] [Entered: 12/17/2018 08:50 AM] |
| Filing 18 Corrected Certificate of Interest for the Cross-Appellant Gilbert P. Hyatt. Service: 12/13/2018 by email. [571677] [19-1049] [Andrew Grossman] [Entered: 12/13/2018 04:35 PM] |
| Filing 17 NOTICE OF NON-COMPLIANCE: The submission of Cross-Appellant Gilbert P. Hyatt, Certificate of Interest [ # 16 ], is not in compliance with the rules of this court (see attached). Compliant document due on 12/20/2018. Service as of this date by the Clerk of Court.[571672] [TAM] [Entered: 12/13/2018 04:20 PM] |
| Filing 16 Certificate of Interest for the Cross-Appellant Gilbert P. Hyatt. Service: 12/11/2018 by email. [570872] [19-1049] This document is non-compliant. See Doc No. [ # 17 ] [Andrew Grossman] [Entered: 12/11/2018 01:10 PM] |
| Filing 15 Notice to counsel for Cross-Appellant Gilbert P. Hyatt: The record of this case indicates that the Certificate of Interest (COI) has not been filed. Please file a COI as a separate docket entry promptly. Service as of this date by the Clerk of Court. [570855] [MJL] [Entered: 12/11/2018 12:42 PM] |
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Filing 14
ORDER filed. The motion to consolidate and to extend the word limits [ # 561742-2 ] [ # 9 ] is held in abeyance.; Within 30 days from the date of filing of this order, the Director is directed to address whether this court has jurisdiction over Appeal No. 2019-1049. Mr. Hyatt may respond within 14 days thereafter.; The briefing schedule is stayed. Service: 11/16/2018 by clerk. [565738] [18-2390, 19-1049] [NL] [Entered: 11/16/2018 10:23 AM]
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| Filing 13 Docketing Statement for the Cross-Appellant Gilbert P. Hyatt. Service: 11/08/2018 by email. [563525] [19-1049] [Andrew Grossman] [Entered: 11/08/2018 11:11 AM] |
| Filing 12 Entry of appearance for Andrew M. Grossman as principal counsel for Cross-Appellant Gilbert P. Hyatt. Service: 11/08/2018 by email. [563523] [19-1049] [Andrew Grossman] [Entered: 11/08/2018 11:07 AM] |
| Filing 11 Notice to counsel for Cross-Appellant Gilbert P. Hyatt: The record of this case indicates that no Entry of Appearance or Certificate of Interest has been filed. Please file these documents promptly. Service as of this date by the Clerk of Court. [563506] [MJL] [Entered: 11/08/2018 10:40 AM] |
| Filing 10 Docketing Statement for the Appellant Iancu. Service: 11/08/2018 by email. [563486] [19-1049] [Molly Silfen] [Entered: 11/08/2018 10:16 AM] |
| Filing 9 CORRECTED ENTRY: MOTION of Cross-Appellant Gilbert P. Hyatt and Appellant Iancu to consolidate appeals (18-2390), waive requirement regarding the briefs (extend word limits) [Consent: unopposed]. Service: 10/31/2018 by email. [561744]--[Edited 10/31/2018 by SMJ - Reason: to correct relief] [Molly Silfen] [Entered: 10/31/2018 03:51 PM] |
| Filing 8 Note to file: 19-1049 (COMP COMPANION started 10/17/2018) with 18-2390. These cases shall be considered companion cases and assigned to the same merits panel for oral argument. [558184] [18-2390, 19-1049] [JAL] [Entered: 10/17/2018 03:34 PM] |
| Filing 7 Official caption revised to reflect cross-appeal. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by the Clerk of Court. [556504] [MJL] [Entered: 10/11/2018 06:07 PM] |
| Filing 6 Note to file: The following cases are consolidated: 19-1049 (Lead) with 19-1070 (Cross-Appeal). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [556503] [19-1049, 19-1070] [MJL] [Entered: 10/11/2018 06:07 PM] |
| Filing 5 Entry of appearance for Philip Warrick as of counsel for Appellant Iancu. Service: 10/10/2018 by email. [556083] [19-1049] [Philip Warrick] [Entered: 10/10/2018 02:39 PM] |
| Filing 4 Entry of appearance for Molly R. Silfen as of counsel for Appellant Iancu. Service: 10/10/2018 by email. [556080] [19-1049] [Molly Silfen] [Entered: 10/10/2018 02:34 PM] |
| Filing 3 Entry of appearance for Joseph Matal as of counsel for Appellant Iancu. Service: 10/10/2018 by email. [556079] [19-1049] [Joseph Matal] [Entered: 10/10/2018 02:30 PM] |
| Filing 2 Entry of appearance for Thomas W. Krause as principal counsel for Appellant Iancu. Service: 10/10/2018 by email. [556070] [19-1049] [Thomas Krause] [Entered: 10/10/2018 02:24 PM] |
| Filing 1 Appeal docketed. Received: 10/01/2018. [555542] Entry of Appearance due 10/23/2018. Certificate of Interest due 10/23/2018. Docketing Statement due 11/08/2018. Appellant's brief due 12/10/2018. [MJL] [Entered: 10/09/2018 11:11 AM] |
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| Cross appellant: GILBERT P. HYATT | |
| Represented By: | Andrew M. Grossman |
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| Defendant / appellant: ANDREI IANCU, Director, U.S. Patent and Trademark Office | |
| Represented By: | Molly R. Silfen |
| Represented By: | Joseph Matal |
| Represented By: | Philip J. Warrick |
| Represented By: | Thomas W. Krause |
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| Defendant / appellant: ANDREI IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office | |
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| Defendant / appellant: ANDREW HIRSHFELD, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office | |
| Represented By: | Thomas W. Krause |
| Represented By: | Joseph Matal |
| Represented By: | Molly R. Silfen |
| Represented By: | Philip J. Warrick |
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| Defendant / appellant: ANDREW HIRSHFELD, Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director of the United States Patent and Trademark Office | |
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| Defendant / appellant: KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office | |
| Represented By: | Thomas W. Krause |
| Represented By: | Joseph Matal |
| Represented By: | Molly R. Silfen |
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