Hyatt v. PTO
| 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 |
| GILBERT P. HYATT |
| 21-1708 |
| March 2, 2021 |
| U.S. Court of Appeals, Federal Circuit |
| Admin Proc Act/Rvw Ag Dec (Fed Qst.) |
Docket Report
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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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