Hyatt v. PTO
| GILBERT P. HYATT |
| UNITED STATES PATENT AND TRADEMARK OFFICE, ANDREI IANCU, 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 |
| 21-2324 |
| September 16, 2021 |
| U.S. Court of Appeals, Federal Circuit |
| Admin Proc Act/Rvw Ag Dec (US Def.) |
Opinions
We have the following opinions for this case:
| Description |
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 Hyatt v. United States Patent and Trademark Office
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Docket Report
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This docket was last retrieved on October 31, 2022. A more recent docket listing may be available from PACER.
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Filing 39
Mandate issued to the United States District Court for the Eastern District of Virginia. Service as of this date by the Clerk of Court. [881094] [MVH] [Entered: 10/31/2022 10:04 AM]
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Filing 38
JUDGMENT. AFFIRMED. 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. [870579] [MVH] [Entered: 09/08/2022 10:26 AM]
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Filing 37
OPINION filed for the court by Moore, Chief Judge; Prost, Circuit Judge and Hughes, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [870577] [MVH] [Entered: 09/08/2022 10:25 AM]
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Filing 36
Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Prost, Circuit Judge and Hughes, Circuit Judge. Arguing counsel: Andrew M. Grossman for Gilbert P. Hyatt and Peter John Sawert for PTO and Katherine K. Vidal. Oral Argument Audio available # here . [859687] [MJL] [Entered: 07/07/2022 03:04 PM]
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Filing 35
Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant Gilbert P. Hyatt. Service: 07/07/2022 by email. [859678] [21-2324] [Andrew Grossman] [Entered: 07/07/2022 02:54 PM]
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Filing 34
Response to notice of oral argument from Appellees PTO and Katherine K. Vidal. Service: 06/15/2022 by email. [855714] [21-2324] [Peter Sawert] [Entered: 06/15/2022 11:57 AM]
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Filing 33
Response to notice of oral argument from Appellant Gilbert P. Hyatt. Service: 06/15/2022 by email. [855698] [21-2324] [Andrew Grossman] [Entered: 06/15/2022 11:15 AM]
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Filing 32
NOTICE OF ORAL ARGUMENT. Panel: 2207E. Case scheduled July 7, 2022. Response to Notice of Oral Argument due: 06/15/2022. 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. [852995] [MJL] [Entered: 06/01/2022 11:25 AM]
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Filing 31
Notice from Appellees PTO and Honorable Katherine K. Vidal regarding conflicts with oral argument. None. Service: 04/15/2022 by US mail, email. [843539] [21-2324] [Peter Sawert] [Entered: 04/15/2022 12:35 PM]
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Filing 29
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 appellee. (see attached). Service as of this date by the Clerk of Court. [843129] [JCW] [Entered: 04/14/2022 01:03 PM]
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Filing 30
6 paper copies of Doc. No. [ # 16 ] received from Appellees PTO and Honorable Katherine K. Vidal. [843216] [VDW] [Entered: 04/14/2022 02:48 PM]
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Filing 27
The following conflict dates submitted by Andrew M. Grossman for Gilbert P. Hyatt have been accepted by the court: 06/06/2022, 06/07/2022, 06/08/2022, 06/09/2022, 06/10/2022. [842524] [MJL] [Entered: 04/12/2022 09:30 AM]
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Filing 28
6 paper copies of Doc. No. [23], [ # 21 ], [ # 9 ] received from Appellant Gilbert P. Hyatt. [842530] [VDW] [Entered: 04/12/2022 09:33 AM]
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Filing 26
Notice from Appellant Gilbert P. Hyatt regarding conflicts with oral argument. Service: 04/08/2022 by email. [842170] [21-2324] [Andrew Grossman] [Entered: 04/08/2022 04:54 PM]
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Filing 25
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 . [841855] [JCW] [Entered: 04/08/2022 09:28 AM]
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Filing 24
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). [841854] [JCW] [Entered: 04/08/2022 09:27 AM]
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Filing 23
MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellant Gilbert P. Hyatt. Service: 04/07/2022 by email. [841655]--[Edited 04/08/2022 by JCW - compliance review complete] [Andrew Grossman] [Entered: 04/07/2022 11:57 AM]
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Filing 22
MODIFIED ENTRY: APPENDIX FILED by Appellant Gilbert P. Hyatt. Service: 04/07/2022 by email. [841649] --[Edited 04/08/2022 by JCW - compliance review complete] [Andrew Grossman] [Entered: 04/07/2022 11:53 AM]
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Filing 21
MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Gilbert P. Hyatt. Service: 03/31/2022 by email. [840202] --[Edited 03/31/2022 by JCW -compliance review complete] [Andrew Grossman] [Entered: 03/31/2022 02:37 PM]
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Filing 20
Notice from Appellee Andrew Hirshfeld of Change of Attorney Title for Farheena Y. Rasheed. Service: 03/21/2022 by email. [838090] [21-2324] [Thomas Krause] [Entered: 03/21/2022 04:48 PM]
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Filing 19
**TEXT ONLY** ORDER granting motion to extend time to file brief [ # 18 ] filed by Appellant Gilbert P. Hyatt. The reply brief is due 03/31/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [835405] [JCW] [Entered: 03/08/2022 01:50 PM]
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Filing 18
MOTION of Appellant Gilbert P. Hyatt to extend the time to 03/31/2022 to file brief. Service: 03/07/2022 by email. [835265] [21-2324] [Andrew Grossman] [Entered: 03/07/2022 05:32 PM]
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Filing 17
REMINDER : All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a) and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [833439] [JCW] [Entered: 02/25/2022 08:33 AM]
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Filing 16
MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellees Andrew Hirshfeld and PTO. Service: 02/24/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [833376] --[Edited 02/25/2022 by JCW - compliance review complete] [Peter Sawert] [Entered: 02/24/2022 03:03 PM]
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Filing 15
Entry of appearance for Amy J. Nelson as counsel for Appellees PTO and Andrew Hirshfeld. Service: 02/16/2022 by email. [831524] [21-2324] [Amy Nelson] [Entered: 02/16/2022 09:03 AM]
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Filing 14
**TEXT ONLY** ORDER granting motion to extend time to file brief [ # 13 ] filed by Appellees PTO and Andrew Hirshfeld. The response brief is due 02/24/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [830152] [JCW] [Entered: 02/09/2022 02:01 PM]
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Filing 13
MOTION of Appellees Andrew Hirshfeld and PTO to extend the time to 02/24/2022 to file brief. Service: 02/09/2022 by email. [830140] [21-2324] [Peter Sawert] [Entered: 02/09/2022 01:56 PM]
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Filing 12
**TEXT ONLY** ORDER granting motion to extend time to file brief [ # 11 ] filed by Appellees PTO and Andrew Hirshfeld. The response brief is due 02/17/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [823617] [JCW] [Entered: 01/10/2022 04:08 PM]
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Filing 11
MOTION of Appellees Andrew Hirshfeld and PTO to extend the time to 02/17/2022 to file brief. Service: 01/10/2022 by email. [823604] [21-2324] [Peter Sawert] [Entered: 01/10/2022 03:50 PM]
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Filing 10
Official caption revised to correct appellee. (see attached). Service as of this date by the Clerk of Court. [816725] [JCW] [Entered: 12/07/2021 10:30 AM]
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Filing 9
MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Gilbert P. Hyatt. Service: 12/06/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [816632] --[Edited 12/07/2021 by JCW - compliance review complete] [Andrew Grossman] [Entered: 12/06/2021 07:41 PM]
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| Filing 8 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 7 ] filed by Appellant Gilbert P. Hyatt. The opening brief is due 12/06/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [810573] [JCW] [Entered: 11/05/2021 02:56 PM] |
| Filing 7 MOTION of Appellant Gilbert P. Hyatt to extend the time to 12/06/2021 to file brief. Service: 11/05/2021 by email. [810553] [21-2324] [Andrew Grossman] [Entered: 11/05/2021 02:46 PM] |
| Filing 6 Docketing Statement for the Appellant Gilbert P. Hyatt. Service: 10/18/2021 by email. [806579] [21-2324] [Andrew Grossman] [Entered: 10/18/2021 05:24 PM] |
| Filing 5 Docketing Statement for the Appellees PTO and Honorable Andrei Iancu. Service: 10/18/2021 by email. [806488] [21-2324] [Peter Sawert] [Entered: 10/18/2021 03:07 PM] |
| Filing 4 Certificate of Interest for Appellant Gilbert P. Hyatt. Service: 09/30/2021 by email. [802933] [21-2324] [Andrew Grossman] [Entered: 09/30/2021 04:26 PM] |
| Filing 3 Entry of appearance for Andrew M. Grossman; Mark W. DeLaquil as counsel for Appellant Gilbert P. Hyatt. Service: 09/30/2021 by email. [802919] [21-2324] [Andrew Grossman] [Entered: 09/30/2021 04:16 PM] |
| Filing 2 Entry of appearance for Peter J. Sawert; Thomas W. Krause; Farheena Y. Rasheed; Robert E. McBride as counsel for Appellees Honorable Andrei Iancu and PTO. Service: 09/30/2021 by email. [802816] [21-2324] [Peter Sawert] [Entered: 09/30/2021 11:01 AM] |
| Filing 1 Appeal docketed. Received: 09/15/2021. [800049] Entry of Appearance is due on 09/30/2021. Certificate of Interest is due on 09/30/2021. Docketing Statement is due on 10/18/2021. Appellant's brief is due on 11/15/2021. [JCW] [Entered: 09/16/2021 03:36 PM] |
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| Plaintiff / appellant: GILBERT P. HYATT | |
| Represented By: | Mark W. DeLaquil |
| Represented By: | Andrew M. Grossman |
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| Defendant / appellee: UNITED STATES PATENT AND TRADEMARK OFFICE | |
| Represented By: | Peter John Sawert |
| Represented By: | Thomas W. Krause |
| Represented By: | Robert McBride |
| Represented By: | Farheena Yasmeen Rasheed |
| Represented By: | Jessica D. Aber |
| Represented By: | Amy J. Nelson |
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| Defendant / appellee: ANDREI IANCU | |
| Represented By: | Peter John Sawert |
| Represented By: | Thomas W. Krause |
| Represented By: | Robert McBride |
| Represented By: | Farheena Yasmeen Rasheed |
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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: | Peter John Sawert |
| Represented By: | Thomas W. Krause |
| Represented By: | Robert McBride |
| Represented By: | Farheena Yasmeen Rasheed |
| Represented By: | Jessica D. Aber |
| Represented By: | Amy J. Nelson |
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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 | |
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| Defendant / appellee: KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and 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 McBride |
| Represented By: | Amy J. Nelson |
| Represented By: | Farheena Yasmeen Rasheed |
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