In re: Elster
Appellee: ANDREI IANCU, Director, U.S. 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 and ANDREI IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office
Appellant: In re: STEVE ELSTER
Amicus Curiae: MATTHEW ALBERT HANDAL
Case Number: 20-2205
Filed: August 26, 2020
Court: U.S. Court of Appeals, Federal Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
February 24, 2022 Summary In Re Elster

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Docket Report

This docket was last retrieved on February 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2022 Opinion or Order Filing 58 JUDGMENT. REVERSED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellee(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . Service as of this date by the Clerk of Court. [833227] [MVH] [Entered: 02/24/2022 09:26 AM]
February 24, 2022 Opinion or Order Filing 57 OPINION filed for the court by Dyk, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [833224] [MVH] [Entered: 02/24/2022 09:25 AM]
November 3, 2021 Opinion or Order Filing 56 Submitted after ORAL ARGUMENT to Panel: Dyk, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Arguing counsel: Jonathan Taylor for Steve Elster and Mr. Joshua Marc Salzman for Andrew Hirshfeld. Oral Argument Audio available # here . [809985] [JCP] [Entered: 11/03/2021 02:42 PM]
October 20, 2021 Opinion or Order Filing 55 Corrected Response to notice of oral argument from Appellant Steve Elster. Service: 10/20/2021 by email. [806978] [20-2205] [Jonathan Taylor] [Entered: 10/20/2021 10:28 AM]
October 19, 2021 Opinion or Order Filing 54 Corrected Response to notice of oral argument from Appellee Andrew Hirshfeld. Service: 10/19/2021 by email. [806848] [20-2205] [Joshua Salzman] [Entered: 10/19/2021 03:28 PM]
October 19, 2021 Opinion or Order Filing 53 Notice to Steve Elster and Andrew Hirshfeld: The record of this case indicates that the required Certification of Compliance with Revised Protocols for In-Person Argument has not been filed (see Doc. No. [ # 50 ]). Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. The certificates must be filed no later than 10/20/2021. See FCR 25(h). Service as of this date by the Clerk of Court. [806756] [MJL] [Entered: 10/19/2021 01:28 PM]
October 5, 2021 Opinion or Order Filing 52 Response to notice of oral argument from Appellant Steve Elster. Service: 10/05/2021 by email, US mail. [803789] [20-2205] [Jonathan Taylor] [Entered: 10/05/2021 04:50 PM]
September 22, 2021 Opinion or Order Filing 51 Response to notice of oral argument from Appellee Andrew Hirshfeld. Service: 09/22/2021 by email. [801099] [20-2205] [Joshua Salzman] [Entered: 09/22/2021 01:52 PM]
September 21, 2021 Opinion or Order Filing 50 NOTICE OF ORAL ARGUMENT. Panel: 2111G. Case scheduled November 3, 2021. Response to Notice of Oral Argument due: 10/15/2021. Please review the attached Notice. The response to notice of oral argument form can be found # here . The Oral Argument Guide can be found # here . Service as of this date by the Clerk of Court. [800891] [MJL] [Entered: 09/21/2021 04:19 PM]
August 27, 2021 Opinion or Order Filing 49 The following conflict date submitted by Joshua Marc Salzman for Andrew Hirshfeld has been accepted by the court: 01/14/2022. [795649] [MJL] [Entered: 08/27/2021 08:25 AM]
August 23, 2021 Opinion or Order Filing 47 Notice from Appellee Andrew Hirshfeld regarding conflicts with oral argument. Service: 08/23/2021 by email. [794769] [20-2205] [Joshua Salzman] [Entered: 08/23/2021 10:42 PM]
August 20, 2021 Opinion or Order Filing 48 6 paper copies of Doc. Nos. [ # 21 ], [ # 40 ], [ # 43 ] received from Steve Elster. [794947] [MJL] [Entered: 08/24/2021 03:39 PM]
August 20, 2021 Opinion or Order Filing 46 6 paper copies of Doc. No. [ # 33 ] received from Appellee Andrew Hirshfeld. [794351] [VDW] [Entered: 08/20/2021 02:55 PM]
August 17, 2021 Opinion or Order Filing 45 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [793402] [KMH] [Entered: 08/17/2021 02:12 PM]
August 17, 2021 Opinion or Order Filing 44 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found # here . The Oral Argument Guide can be found # here . [793400] [KMH] [Entered: 08/17/2021 02:09 PM]
August 16, 2021 Opinion or Order Filing 43 MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant Steve Elster. Service: 08/16/2021 by email. [792852] --[Edited 08/17/2021 by KMH - compliance review complete] [Jonathan Taylor] [Entered: 08/16/2021 12:38 PM]
August 10, 2021 Opinion or Order Filing 42 NOTICE OF NON-COMPLIANCE: The submission of Appellant Steve Elster, Appendix [ # 41 ], is not in compliance with the rules of this court (see attached). Compliant document due on 08/17/2021. Service as of this date by the Clerk of Court. [791739] [KMH] [Entered: 08/10/2021 02:36 PM]
August 3, 2021 Opinion or Order Filing 41 APPENDIX FILED by Appellant Steve Elster. Service: 08/03/2021 by email. [790460] [20-2205] This document is non-compliant. See Doc No. [ # 42 ] [Jonathan Taylor] [Entered: 08/03/2021 09:17 PM]
July 27, 2021 Opinion or Order Filing 40 MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Steve Elster. Service: 07/27/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [789065] --[Edited 08/04/2021 by KMH - compliance review complete] [Jonathan Taylor] [Entered: 07/27/2021 10:10 PM]
June 24, 2021 Opinion or Order Filing 39 ORDER granting motion to extend time to file brief [ # 38 ] filed by Appellant Steve Elster. The reply brief is due 07/27/2021. Service as of this date by the Clerk of Court. [782420] [LMS] [Entered: 06/24/2021 01:55 PM]
June 21, 2021 Opinion or Order Filing 38 MOTION of Appellant Steve Elster to extend the time to 07/27/2021 to file brief. Service: 06/21/2021 by email, US mail. [781411] [20-2205] [Jonathan Taylor] [Entered: 06/21/2021 03:13 PM]
May 25, 2021 Opinion or Order Filing 37 6 paper copies of Doc. No. [ # 33 ] received from Appellee Andrew Hirshfeld. [777203] [VDW] [Entered: 05/26/2021 11:37 AM]
May 19, 2021 Opinion or Order Filing 36 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 35 ] filed by Appellant Steve Elster. The reply brief is due 07/06/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [776053] [KMH] [Entered: 05/19/2021 03:34 PM]
May 18, 2021 Opinion or Order Filing 35 MOTION of Appellant Steve Elster to extend the time to 07/06/2021 to file brief. Service: 05/18/2021 by email. [775768] [20-2205] [Jonathan Taylor] [Entered: 05/18/2021 03:32 PM]
May 18, 2021 Opinion or Order Filing 34 Entry of appearance for Thomas L. Casagrande as counsel for Appellee Andrew Hirshfeld. Service: 05/18/2021 by email. [775767] [20-2205] [Thomas Casagrande] [Entered: 05/18/2021 03:30 PM]
May 14, 2021 Opinion or Order Filing 33 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Andrew Hirshfeld. Service: 05/14/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [775211] --[Edited 05/19/2021 by KMH - compliance review complete] [Joshua Salzman] [Entered: 05/14/2021 05:20 PM]
April 27, 2021 Opinion or Order Filing 32 Amended Entry of appearance for Joshua M. Salzman; Daniel Tenny as counsel for Appellee Andrew Hirshfeld. Service: 04/27/2021 by email. [771508] [20-2205] [Joshua Salzman] [Entered: 04/27/2021 03:02 PM]
April 20, 2021 Opinion or Order Filing 31 Entry of appearance for Joshua M. Salzman; Daniel Tenny as counsel for Appellee Andrew Hirshfeld. Service: 04/20/2021 by email. [769849] [20-2205] [Joshua Salzman] [Entered: 04/20/2021 09:44 AM]
March 11, 2021 Opinion or Order Filing 30 MODIFIED ENTRY: CORRECTED AMICUS BRIEF FILED by Matthew Albert Handal. Service: 03/11/2021 by email. [761745]--[Edited 03/16/2021 by KMH - compliance review complete] [Matthew Handal] [Entered: 03/11/2021 10:56 PM]
March 9, 2021 Opinion or Order Filing 29 NOTICE OF NON-COMPLIANCE: The submission of Movant Mr. Matthew Albert Handal, Amicus Curiae Brief [ # 28 ], is not in compliance with the rules of this court (see attached). Compliant document due on 03/16/2021. Service as of this date by the Clerk of Court. [761071] [KMH] [Entered: 03/09/2021 11:30 AM]
March 1, 2021 Opinion or Order Filing 28 CORRECTED AMICUS CURIAE BRIEF FILED by MATTHEW A. HANDAL. Service: 02/26/2021 by email. [759170] [20-2205] This document is non-compliant. See Doc No. [ # 29 ] [Matthew Handal] [Entered: 03/01/2021 11:13 AM]
February 23, 2021 Opinion or Order Filing 27 Notice to Movant Mr. Matthew A. Handal: The record of this case indicates that no Certificate of Interest under FCR 47.4 has been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Please file promptly. Service as of this date by the Clerk of Court. [757947] [KMH] [Entered: 02/23/2021 11:53 AM]
February 23, 2021 Opinion or Order Filing 26 NOTICE OF NON-COMPLIANCE: The submission of Matthew A. Handal, Amicus Brief [ # 23 ], is not in compliance with the rules of this court (see attached). Compliant document due on 03/02/2021. Service as of this date by the Clerk of Court. [757937] [KMH] [Entered: 02/23/2021 11:21 AM]
February 22, 2021 Opinion or Order Filing 25 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 24 ] filed by Appellee Andrew Hirshfeld. The response brief is due 05/14/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [757673] [KMH] [Entered: 02/22/2021 02:37 PM]
February 17, 2021 Opinion or Order Filing 24 MOTION of Appellee Andrew Hirshfeld to extend the time to 05/14/2021 to file brief. Service: 02/17/2021 by email. [756870] [20-2205] [Christina Hieber] [Entered: 02/17/2021 03:53 PM]
February 16, 2021 Opinion or Order Filing 23 AMICUS CURIAE BRIEF FILED by Matthew A. Handal. Service: 02/10/2021 by email. [756436] [20-2205] This document is non-compliant. See Doc No. [ # 26 ] [Matthew Handal] [Entered: 02/16/2021 04:12 PM]
February 16, 2021 Opinion or Order Filing 22 Notice from Matthew A. Handal Amended Notice of Unrepresented Person Appearance. Service: 02/16/2021 by email. [756429] [20-2205] [Matthew Handal] [Entered: 02/16/2021 04:06 PM]
February 16, 2021 Opinion or Order Filing 21 MODIFIED ENTRY: CORRECTED BRIEF FILED by Appellant Steve Elster. Service: 02/16/2021 by email. [756302] --[Edited 02/23/2021 by KMH - compliance review complete] [Gregory Beck] [Entered: 02/16/2021 02:08 PM]
February 16, 2021 Opinion or Order Filing 20 Entry of appearance for Gregory A. Beck as counsel for Appellant Steve Elster. Service: 02/16/2021 by email. [756182] [20-2205] [Gregory Beck] [Entered: 02/16/2021 11:10 AM]
February 12, 2021 Opinion or Order Filing 19 Notice of Unrepresented Person Appearance and consent to Electronic Filing for Movant Matthew A. Handel. Service: 02/12/2021 by clerk. [755834] [KMH] [Entered: 02/12/2021 01:21 PM]
February 8, 2021 Opinion or Order Filing 18 NOTICE OF NON-COMPLIANCE: The submission of Appellant Steve Elster, Opening Brief [ # 17 ], is not in compliance with the rules of this court (see attached). Compliant document due on 02/16/2021. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [754515] [KMH] [Entered: 02/08/2021 02:01 PM]
February 3, 2021 Opinion or Order Filing 17 OPENING BRIEF FILED by Appellant Steve Elster. Service: 02/03/2021 by email. [753862] [20-2205] This document is non-compliant. See Doc No. [ # 18 ] [Jonathan Taylor] [Entered: 02/03/2021 10:50 PM]
December 23, 2020 Opinion or Order Filing 16 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [ # 14 ], ERROR: The document does not contain a Certificate of Interest. CORRECTION: For future filings, please include a Certificate of Interest. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [744991] [EKD] [Entered: 12/23/2020 09:55 AM]
December 23, 2020 Opinion or Order Filing 15 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 14 ] filed by Appellant Steve Elster. The opening brief is due 02/03/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [744989] [EKD] [Entered: 12/23/2020 09:53 AM]
December 18, 2020 Opinion or Order Filing 14 MOTION of Appellant Steve Elster to extend the time to 02/03/2021 to file brief. Service: 12/18/2020 by email. [743881] [20-2205] [Jonathan Taylor] [Entered: 12/18/2020 02:16 PM]
November 19, 2020 Opinion or Order Filing 13 CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Appellant's motion [ # 11 ] does not use the official caption for this appeal. CORRECTION: The caption can be found on the docket report. Please use official caption on future filings. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [736847] [KMH] [Entered: 11/19/2020 09:41 AM]
November 19, 2020 Opinion or Order Filing 12 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 11 ] filed by Appellant Steve Elster. The opening brief is due 01/04/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [736844] [KMH] [Entered: 11/19/2020 09:39 AM]
November 18, 2020 Opinion or Order Filing 11 MOTION of Appellant Steve Elster to extend the time to 01/04/2021 to file brief. Service: 11/18/2020 by email. [736790] [20-2205] [Jonathan Taylor] [Entered: 11/18/2020 06:21 PM]
October 5, 2020 Opinion or Order Filing 10 Certified list received. Service: 10/05/2020 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [726695] [KMH] [Entered: 10/05/2020 04:38 PM]
September 9, 2020 Opinion or Order Filing 9 Docketing Statement for the Appellee Andrei Iancu. Service: 09/09/2020 by email. [720418] [20-2205] [Christina Hieber] [Entered: 09/09/2020 12:55 PM]
September 1, 2020 Opinion or Order Filing 8 Corrected Docketing Statement for the Appellant Steve Elster. Service: 09/01/2020 by email. [718794] [20-2205] [Jonathan Taylor] [Entered: 09/01/2020 11:52 AM]
September 1, 2020 Opinion or Order Filing 7 NOTICE OF NON-COMPLIANCE: The submission of Appellant Steve Elster, Docketing Statement [ # 5 ], is not in compliance with the rules of this court (see attached). Compliant document due on 09/09/2020. Service as of this date by the Clerk of Court. [718717] [KMH] [Entered: 09/01/2020 09:27 AM]
August 31, 2020 Opinion or Order Filing 6 Entry of appearance for Christina J. Hieber; Molly R. Silfen; Thomas W. Krause; Farheena Y. Rasheed as counsel for Appellee Andrei Iancu. Service: 08/31/2020 by email. [718470] [20-2205] [Christina Hieber] [Entered: 08/31/2020 11:48 AM]
August 31, 2020 Opinion or Order Filing 5 Docketing Statement for the Appellant Steve Elster. Service: 08/31/2020 by email. [718436] [20-2205] This document is non-compliant. See Doc No. [ # 7 ] [Jonathan Taylor] [Entered: 08/31/2020 09:55 AM]
August 27, 2020 Filing 4 Certificate of Interest for Appellant Steve Elster. Service: 08/27/2020 by email. [718048] [20-2205] [Jonathan Taylor] [Entered: 08/27/2020 02:48 PM]
August 27, 2020 Filing 3 Entry of appearance for Jonathan Taylor as counsel for Appellant Steve Elster. Service: 08/27/2020 by email. [718040] [20-2205] [Jonathan Taylor] [Entered: 08/27/2020 02:38 PM]
August 27, 2020 Filing 2 Filing fee paid. Fee Amount: $500.00. Receipt Number: A13-34519-468. [718039] [20-2205] [Jonathan Taylor] [Entered: 08/27/2020 02:36 PM]
August 26, 2020 Filing 1 Appeal docketed. Received: 08/21/2020. [717787] Fee/IFP due on 09/09/2020. Entry of Appearance is due on 09/09/2020. Certificate of Interest is due on 09/09/2020. Docketing Statement is due on 09/09/2020. Certified List is due on 10/05/2020. [KMH] [Entered: 08/26/2020 03:48 PM]

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Search for this case: In re: Elster
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Appellee: ANDREI IANCU, Director, U.S. Patent and Trademark Office
Represented By: Thomas W. Krause
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Appellee: 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: Christina J. Hieber
Represented By: Brian M. Boynton
Represented By: Thomas L. Casagrande
Represented By: Thomas W. Krause
Represented By: Farheena Yasmeen Rasheed
Represented By: Joshua Marc Salzman
Represented By: Molly R. Silfen
Represented By: Daniel Tenny
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Appellee: ANDREI IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office
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Appellant: In re: STEVE ELSTER
Represented By: Jonathan Taylor
Represented By: Gregory A. Beck
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Amicus curiae: MATTHEW ALBERT HANDAL
Represented By: Matthew Albert Handal
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