Hyatt v. PTO
Defendant / Appellee: 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 and ANDREW HIRSHFELD, Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director of the United States Patent and Trademark Office
Plaintiff / Appellant: GILBERT P. HYATT
Case Number: 21-1708
Filed: March 2, 2021
Court: U.S. Court of Appeals, Federal Circuit
Nature of Suit: Admin Proc Act/Rvw Ag Dec (Fed Qst.)

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Date Filed Description
November 3, 2021 HYATT v. PTO

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Docket Report

This docket was last retrieved on October 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2022 Opinion or Order Filing 38 The petition for writ of certiorari, No. 21-1526, filed on 04/25/2022, was Denied on 10/03/2022. [875666] [MJL] [Entered: 10/04/2022 11:19 AM]
June 6, 2022 Opinion or Order Filing 37 Petition for writ of certiorari filed on 04/25/2022 in the U.S. Supreme Court. No.: 21-1526, Gilbert P. Hyatt v. United States Patent and Trademark Office. [854630] [MVH] [Entered: 06/09/2022 10:43 AM]
June 6, 2022 Opinion or Order Filing 36 Notice from the U.S. Supreme Court regarding motion for leave to file a petition for a writ of certiorari with the supplemental appendix under seal (the motion is granted). [853993] [MVH] [Entered: 06/07/2022 11:08 AM]
February 1, 2022 Opinion or Order Filing 35 Mandate issued to the United States District Court for the Eastern District of Virginia. Service as of this date by the Clerk of Court. [828190] [MVH] [Entered: 02/01/2022 08:58 AM]
January 25, 2022 Opinion or Order Filing 34 ORDER filed denying [ # 33 ] petition for rehearing en banc filed by Gilbert P. Hyatt. By: Per Curiam. Service as of this date by the Clerk of Court. [826767] [MVH] [Entered: 01/25/2022 12:14 PM]
December 20, 2021 Opinion or Order Filing 33 Petition for en banc rehearing filed by Appellant Gilbert P. Hyatt. Service: 12/20/2021 by email. [820039] [21-1708] [Andrew Grossman] [Entered: 12/20/2021 05:36 PM]
November 3, 2021 Filing 32 JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(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. [809877] [JCP] [Entered: 11/03/2021 09:51 AM]
November 1, 2021 Filing 31 Submitted after ORAL ARGUMENT to Panel: Prost, Circuit Judge; Reyna, Circuit Judge and Hughes, Circuit Judge. Arguing counsel: Mr. Andrew M. Grossman for Gilbert P. Hyatt and Mr. Peter John Sawert for PTO and Andrew Hirshfeld. Oral Argument Audio available # here . [809438] [JCP] [Entered: 11/01/2021 02:25 PM]
October 15, 2021 Filing 30 Response to notice of oral argument from Appellant Gilbert P. Hyatt. Service: 10/15/2021 by email. [805918] [21-1708] [Andrew Grossman] [Entered: 10/15/2021 10:37 AM]
October 14, 2021 Filing 29 Response to notice of oral argument from Appellees Andrew Hirshfeld and PTO. Service: 10/14/2021 by email, US mail. [805682] [21-1708] [Peter Sawert] [Entered: 10/14/2021 12:06 PM]
September 21, 2021 Filing 28 NOTICE OF ORAL ARGUMENT. Panel: 2111B. Case scheduled November 1, 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. [800799] [MVH] [Entered: 09/21/2021 01:47 PM]
September 8, 2021 Filing 27 Notice from Appellant Gilbert P. Hyatt regarding conflicts with oral argument. Service: 09/08/2021 by email. [797881] [21-1708] [Andrew Grossman] [Entered: 09/08/2021 05:10 PM]
September 3, 2021 Filing 26 6 paper copies of Doc. No. [ # 20 ], [ # 18 ], [ # 15 ] received from Appellant Gilbert P. Hyatt. [797622] [VDW] [Entered: 09/08/2021 08:46 AM]
September 3, 2021 Filing 25 6 paper copies of Doc. No. [ # 17 ] received from Appellees Andrew Hirshfeld and PTO. [797450]--[Edited 09/08/2021 by MJL to correct party filer] [VDW] [Entered: 09/07/2021 11:36 AM]
September 3, 2021 Filing 24 Notice from Appellees PTO and Andrew Hirshfeld regarding conflicts with oral argument. Service: 09/03/2021 by email, US mail. [797091] [21-1708] [Peter Sawert] [Entered: 09/03/2021 10:36 AM]
September 1, 2021 Filing 23 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 . [796541] [EKD] [Entered: 09/01/2021 10:23 AM]
September 1, 2021 Filing 22 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). [796540] [EKD] [Entered: 09/01/2021 10:22 AM]
August 30, 2021 Filing 21 Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant Gilbert P. Hyatt. Service: 08/30/2021 by email. [796116] [21-1708] [Andrew Grossman] [Entered: 08/30/2021 05:38 PM]
August 30, 2021 Filing 20 MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellant Gilbert P. Hyatt. Service: 08/30/2021 by email. [795958]--[Edited 09/01/2021 by EKD - compliance review complete] [Andrew Grossman] [Entered: 08/30/2021 01:15 PM]
August 30, 2021 Filing 19 MODIFIED ENTRY: APPENDIX FILED by Appellant Gilbert P. Hyatt. Service: 08/30/2021 by email. [795942] --[Edited 09/01/2021 by EKD - compliance review complete] [Andrew Grossman] [Entered: 08/30/2021 12:33 PM]
August 23, 2021 Filing 18 MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Gilbert P. Hyatt. Service: 08/23/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [794745] --[Edited 08/24/2021 by EKD - compliance review complete] [Andrew Grossman] [Entered: 08/23/2021 04:55 PM]
August 2, 2021 Filing 17 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellees Andrew Hirshfeld and PTO. Service: 08/02/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [790128] --[Edited 08/03/2021 by EKD - compliance review complete] [Peter Sawert] [Entered: 08/02/2021 09:03 PM]
August 2, 2021 Filing 16 Entry of appearance for Michael C. Tyler as counsel for Appellee Andrew Hirshfeld. Service: 08/02/2021 by email. [789939] [21-1708] [Michael Tyler] [Entered: 08/02/2021 01:56 PM]
June 21, 2021 Filing 15 MODIFIED ENTRY: CONFIDENTIAL OPENING BRIEF FILED by Appellant Gilbert P. Hyatt. Service: 06/21/2021 by email. [781441]--[Edited 06/22/2021 by EKD - compliance review complete] [Andrew Grossman] [Entered: 06/21/2021 03:37 PM]
June 21, 2021 Filing 14 MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Gilbert P. Hyatt. Service: 06/21/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [781428] --[Edited 06/22/2021 by EKD - compliance review complete] [Andrew Grossman] [Entered: 06/21/2021 03:33 PM]
June 1, 2021 Opinion or Order Filing 13 ORDER filed denying [ # 8 ] motion to correct/supplement filed by Gilbert P. Hyatt; Within 21 days from the date of filing of this order, Mr. Hyatt is directed to file a replacement opening brief that does not cite the non-record material. Service as of this date by the Clerk of Court. [777879] [LMS] [Entered: 06/01/2021 03:12 PM]
May 20, 2021 Filing 12 REPLY of Appellant Gilbert P. Hyatt to response [ # 11 ]. Service: 05/20/2021 by email. [776283] [21-1708] [Andrew Grossman] [Entered: 05/20/2021 02:55 PM]
May 13, 2021 Filing 11 RESPONSE of Appellees Andrew Hirshfeld and PTO to Doc No. [ # 8 ]. Service: 05/13/2021 by email. [774913] [21-1708] [Peter Sawert] [Entered: 05/13/2021 05:55 PM]
May 3, 2021 Filing 10 CONFIDENTIAL OPENING BRIEF FILED by Appellant Gilbert P. Hyatt. Service: 05/03/2021 by email, US mail. (PENDING COMPLIANCE REVIEW) [772665] [21-1708] [Andrew Grossman] [Entered: 05/03/2021 05:43 PM]
May 3, 2021 Filing 9 OPENING BRIEF FILED by Appellant Gilbert P. Hyatt. Service: 05/03/2021 by email. (PENDING COMPLIANCE REVIEW) [772663] [21-1708] [Andrew Grossman] [Entered: 05/03/2021 05:36 PM]
May 3, 2021 Filing 8 MOTION of Appellant Gilbert P. Hyatt to correct or supplement. Service: 05/03/2021 by email. [772651] [21-1708] [Andrew Grossman] [Entered: 05/03/2021 05:02 PM]
April 1, 2021 Filing 7 Docketing Statement for the Appellant Gilbert P. Hyatt. Service: 04/01/2021 by email. [766306] [21-1708] [Andrew Grossman] [Entered: 04/01/2021 04:22 PM]
April 1, 2021 Filing 6 Docketing Statement for the Appellees Andrew Hirshfeld and PTO. Service: 04/01/2021 by email. [766202] [21-1708] [Peter Sawert] [Entered: 04/01/2021 12:09 PM]
March 16, 2021 Filing 5 Entry of appearance for Peter J. Sawert; Thomas W. Krause; Robert J. McManus as counsel for Appellee Andrew Hirshfeld. Service: 03/16/2021 by email. [762736] [21-1708] [Peter Sawert] [Entered: 03/16/2021 04:17 PM]
March 16, 2021 Filing 4 Certificate of Interest for Appellant Gilbert P. Hyatt. Service: 03/16/2021 by email. [762717] [21-1708] [Andrew Grossman] [Entered: 03/16/2021 03:26 PM]
March 16, 2021 Filing 3 Entry of appearance for Andrew M. Grossman; Mark W. DeLaquil as counsel for Appellant Gilbert P. Hyatt. Service: 03/16/2021 by email. [762715] [21-1708] [Andrew Grossman] [Entered: 03/16/2021 03:21 PM]
March 2, 2021 Filing 2 Clerk's Note to the File: Appeal transferred from 4th Circuit, Case No. 20-1923. [759488] [EKD] [Entered: 03/02/2021 01:32 PM]
March 2, 2021 Filing 1 Appeal docketed. Received: 02/23/2021. [759483] Entry of Appearance is due on 03/16/2021. Certificate of Interest is due on 03/16/2021. Docketing Statement is due on 04/01/2021. Appellant's brief is due on 05/03/2021. [EKD] [Entered: 03/02/2021 01:28 PM]

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Defendant / appellee: UNITED STATES PATENT AND TRADEMARK OFFICE
Represented By: Thomas W. Krause
Represented By: Robert J. McManus Esq.
Represented By: Peter John Sawert
Represented By: Raj Parekh
Represented By: Michael Tyler
Represented By: Jessica D. Aber
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Defendant / 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: Thomas W. Krause
Represented By: Robert J. McManus Esq.
Represented By: Peter John Sawert
Represented By: Raj Parekh
Represented By: Michael Tyler
Represented By: Jessica D. Aber
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Defendant / appellee: ANDREW HIRSHFELD, Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director of the United States Patent and Trademark Office
Represented By: Peter John Sawert
Represented By: Jessica D. Aber
Represented By: Thomas W. Krause
Represented By: Robert J. McManus Esq.
Represented By: Michael Tyler
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Plaintiff / appellant: GILBERT P. HYATT
Represented By: Mark W. DeLaquil
Represented By: Andrew M. Grossman
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