Hyatt v. United States Patent and Trademark Office et al
| Gilbert P. Hyatt |
| Andrei Iancu and United States Patent and Trademark Office |
| 1:2018cv00546 |
| May 7, 2018 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Out of State |
| Michael S (MJ)Nachmanoff |
| T S Ellis |
| Michael S Nachmanoff |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2021. A more recent docket listing may be available from PACER.
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Filing 181
USCA JUDGMENT as to #175 Notice of Appeal filed by Gilbert P. Hyatt. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. (nneb) Modified on 11/16/2021 (nneb, ).
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Filing 180
USCA Case Number 2021-1708 for the Federal Circuit for #175 Notice of Appeal filed by Gilbert P. Hyatt. (klau, )
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Filing 179
ORDER of USCA as to #175 Notice of Appeal filed by Gilbert P. Hyatt. Gilbert P. Hyatt seeks to appeal the district court's order dismissing his complaint. The Appellees have moved to transfer this appeal to the United States Court of Appeals for the Federal Circuit. Upon consideration of the motion, the response, and the reply, we grant the Appellees' motion to transfer this appeal to the United States Court of Appeals for the Federal Circuit. (Attachments: #1 USCA Clerk's Certificate)(klau, )
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| Filing 178 USCA Case Number 20-1923 4th Circuit, Case Manager Jeffrey S. Neal for #175 Notice of Appeal filed by Gilbert P. Hyatt. (klau, ) |
| Filing 177 NOTICE by Andrei Iancu, United States Patent and Trademark Office re #174 Order, (Joint Statement) (Barghaan, Dennis) |
| Filing 176 Transmission of Notice of Appeal to US Court of Appeals re #175 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (klau, ) |
| Filing 175 NOTICE OF APPEAL as to #173 Clerk's Judgment, by Gilbert P. Hyatt. Filing fee $ 505, receipt number 0422-7362500. (DeLaquil, Mark) |
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Filing 174
ORDERED that the parties are DIRECTED to file briefs on or before Wednesday, August 26, 2020 that address what material placed under seal in the August 19, 2020 Sealed Memorandum Opinion may be unsealed, if any, and whether any other information in the publicly docketed August 19, 2020 Memorandum Opinion should be placed under seal. Signed by District Judge T. S. Ellis, III on 08/19/2020. (tran)
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Filing 173
CLERK'S JUDGMENTPursuant to the order of this Court entered on August 19, 2020, and in accordance with Federal Rule of Civil Procedure, Rule 58, JUDGMENT is hereby entered in favor of defendants, 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, in his office capacity and against Gilbert P. Hyatt. Signed by District Judge T. S. Ellis, III on 08/19/2020. (tran)
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Filing 172
ORDERED that defendants are entitled to judgment on the basis of the Administrative Record.It is further ORDERED that Counts IV, V, and VI of plaintiff's Complaint are DISMISSED.It is further ORDERED that the Clerk is DIRECTED to enter judgment in favor of defendants and against plaintiff pursuant to Rule 58, Fed. R. Civ. P. and to place this matter among the ended causes. Signed by District Judge T. S. Ellis, III on 08/19/2020. (tran)
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| Filing 171 SEALED MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 08/19/2020. (tran, c/m on 08/19/20) |
| Filing 170 MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 08/19/2020. (tran) |
| Filing 169 TRANSCRIPT of proceedings held on May 15, 2020, before Judge T. S. Ellis, Court Reporter/Transcriber Patricia Kaneshiro-Miller, Telephone number 703 299-2100. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/6/2020. Redacted Transcript Deadline set for 8/5/2020. Release of Transcript Restriction set for 9/3/2020.(Kaneshiro-Miller, Patricia) |
| Filing 168 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Hearing on Merits held on 5/15/2020.Mark DeLaquil and Andrew Grossman appeared on behalf of the plaintiff.Peter Sawert and Dennis Barghaan, Jr. appeared on behalf of the defendant.Matter argued. Matter taken under advisement. Order to follow. Court Reporter: P. Kaneshiro-Miller(tran) |
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Filing 167
ORDER granting #163 Motion to Seal. ORDERED that the confidential portions of the administrative record filed in response to the Court's Order of March 18, 2020 shall be SEALED until further order of this Court. Signed by Magistrate Judge Michael S. Nachmanoff on 5/12/20. (klau, )
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Filing 166
ORDERED that the parties are DIRECTED to comply with the Courtroom Deputy's instructions regarding the procedure for participation in the telephonic hearing on May 15, 2020 at 10:00 a.m. Signed by District Judge T. S. Ellis, III on 05/08/2020. (tran)
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| Filing 165 Notice of Under Seal Filing LCvR5 (B) by Andrei Iancu, United States Patent and Trademark Office re #163 MOTION to Seal (Barghaan, Dennis) |
| Filing 164 Memorandum in Support re #163 MOTION to Seal filed by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) |
| Filing 163 MOTION to Seal by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Barghaan, Dennis) |
| Filing 162 Sealed Document. (Attachments: #1 A7982-A8564, #2 A8565-A9122, #3 A9123-9342)(Barghaan, Dennis) |
| Filing 161 Sealed Document. (Attachments: #1 A5807-A6684, #2 A6685-A7173, #3 A7174-7981)(Barghaan, Dennis) |
| Filing 160 Sealed Document. (Attachments: #1 A3957-A4792, #2 A4793-A5416, #3 A5417-A5806)(Barghaan, Dennis) |
| Filing 159 Sealed Document. (Attachments: #1 A2034-A2665, #2 A2666-A3436, #3 A3437-A3956)(Barghaan, Dennis) |
| Filing 158 Sealed Document. (Attachments: #1 Table of Contents, #2 A1-A708, #3 A709-A1364, #4 A1365-A2033)(Barghaan, Dennis) |
| Filing 157 NOTICE by Andrei Iancu, United States Patent and Trademark Office of Submission of Administrative Record (Attachments: #1 A1-139; A172-225; 230-35)(Barghaan, Dennis) |
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Filing 156
ORDER that the PTO is DIRECTED to file with the Court the materials described above in (i)-(iv) for judicial review in this case together with an index on or before April 24, 2020. ORDERED that a hearing on the merits in this matter is SCHEDULED for Friday, May 15, 2020 at 10:00 a.m. Each side will be allotted thirty minutes for oral argument --- (see order for details). Signed by District Judge T. S. Ellis, III on 3/18/20. (klau, )
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| Set Hearings: Status Conference set for 5/15/2020 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (klau, ) |
| Filing 155 Opposition to #140 Response, filed by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) |
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Filing 154
ORDER granting #149 Motion to Seal. ORDERED that Plaintiff's Response to t he PTO's Administrative Record and Status Report and Exhibit 1 shall be SEALED until further order of this Court. Signed by District Judge T. S. Ellis, III on 3/2/20. (klau, )
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| Filing 153 Response to #146 Response, #141 Response filed by Gilbert P. Hyatt. (Attachments: #1 Exhibit 1)(DeLaquil, Mark) |
| Filing 152 Sealed Response/Reply/Opposition re #146 Response, #141 Response. (Attachments: #1 Exhibit 1)(DeLaquil, Mark) |
| Filing 151 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #149 MOTION to Seal Plaintiff's Combined Response To The PTO's Administrative Record and Status Report (DeLaquil, Mark) |
| Filing 150 Memorandum in Support re #149 MOTION to Seal Plaintiff's Combined Response To The PTO's Administrative Record and Status Report filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 149 MOTION to Seal Plaintiff's Combined Response To The PTO's Administrative Record and Status Report by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
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Filing 148
ORDER that Plaintiff's #136 Motion to Seal is GRANTED. ORDERED that Plaintiff's Response to the Order on Record and Exhibit 10 shall be SEALED until further order of this Court. Signed by District Judge T. S. Ellis, III on 2/18/20. (klau, )
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Filing 147
ORDER that Defendants' #142 Motion to Seal is GRANTED. ORDERED that Exhibit 1 to the Defendants' Response to the Court's Order of January 15, 2020 shall be SEALED until further order of this Court. Signed by District Judge T. S. Ellis, III on 2/18/20. (klau, )
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| Filing 146 Response to #133 Order,,, (Administrative Record) filed by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) |
| Filing 145 Sealed Attachment/Exhibit(s) re #141 Response, #142 MOTION to Seal . (Barghaan, Dennis) |
| Filing 144 Notice of Filing Sealing Motion LCvR5(C) by Andrei Iancu, United States Patent and Trademark Office re #142 MOTION to Seal (Barghaan, Dennis) |
| Filing 143 Memorandum in Support re #142 MOTION to Seal filed by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) |
| Filing 142 MOTION to Seal by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Barghaan, Dennis) |
| Filing 141 Response to #133 Order,,, (List of Actions) filed by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Exhibit 1 (Redacted))(Barghaan, Dennis) |
| Filing 140 Response to #133 Order,,, on Record filed by Gilbert P. Hyatt. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(DeLaquil, Mark) |
| Filing 139 Memorandum in Support re #136 MOTION to Seal filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 138 Sealed Response/Reply/Opposition re #136 MOTION to Seal . (Attachments: #1 Exhibit 10)(DeLaquil, Mark) |
| Filing 137 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #136 MOTION to Seal (DeLaquil, Mark) |
| Filing 136 MOTION to Seal by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
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Filing 135
ORDER granting #134 Defendants' Motion for Extension of Time. ORDERED that, on or before February 14, 2020, both plaintiff and defendants shall file their respective papers requesting to add material to the administrative record. ORDERED that, on or before February 14, 2020, defendants shall file their paper identifying those actions taken on plaintiff's patent applications between July 26, 2019, and January 17, 2020. Signed by District Judge T. S. Ellis, III on 1/30/20. (klau, )
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| Filing 134 Consent MOTION for Extension of Time to Comply with this Court's Order by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Barghaan, Dennis) |
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Filing 133
ORDERED that if either party wants material other than the deposition testimony given at the June 20, 2019 evidentiary hearing to be included in the administrative record, either party may file a pleading requesting to add material to the administrative record by January 31, 2020. It is further ORDERED that if either party objects to the opposing party's request to add material to the administrative record, the objecting party may file a pleading opposing the addition of the requested material to the administrative record. It is further ORDERED that the PTO must provide, by 5:00 p.m. on Friday, January 31, 2020, a list of all actions it has taken to examine plaintiff's patent applications between July 26, 2019 and January 17, 2020. Signed by District Judge T. S. Ellis, III on 01/15/2020. (jlan)
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Filing 132
ORDER denying #118 MOTION to Amend/Correct the Complaint (see order for details). Signed by District Judge T. S. Ellis, III on 01/15/2020. (jlan)
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Filing 131
ORDER granting #126 Motion to Seal. ORDERED that Defendants' Response to Plaintiff's Motion to Amend the Complaint, including exhibits, shall be SEALED until further order of this Court. Signed by Magistrate Judge Michael S. Nachmanoff on 11/27/19. (klau, )
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| Filing 130 REPLY to Response to Motion re #118 MOTION to Amend/Correct the Complaint filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 129 Memorandum in Opposition re #118 MOTION to Amend/Correct the Complaint PUBLIC Version filed by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Exhibit Defendants's Exhibits A-C)(Sawert, Peter) |
| Filing 128 Notice of Under Seal Filing LCvR5 (B) by Andrei Iancu, United States Patent and Trademark Office re #126 MOTION to Seal Defendants' Response to Plaintiff's Motion to Amend the Complaint (Sawert, Peter) |
| Filing 127 Memorandum in Support re #126 MOTION to Seal Defendants' Response to Plaintiff's Motion to Amend the Complaint filed by Andrei Iancu, United States Patent and Trademark Office. (Sawert, Peter) |
| Filing 126 MOTION to Seal Defendants' Response to Plaintiff's Motion to Amend the Complaint by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Sawert, Peter) |
| Filing 125 Sealed Response/Reply/Opposition re #118 MOTION to Amend/Correct the Complaint. (Attachments: #1 Exhibit Defendants' Exhibits A-C)(Sawert, Peter) |
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Filing 124
ORDER granting #122 Motion for Extension of Time to File Response. ORDERED that Defendants shall file their response to Plaintiff's motion to amend the complaint, on or before November 18, 2019. Signed by District Judge T. S. Ellis, III on 11/15/2019. (lcre, )
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Filing 123
ORDER granting until further order of the court #114 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 11/15/2019. (lcre, )
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| Filing 122 MOTION for Extension of Time to File Response/Reply as to #118 MOTION to Amend/Correct the Complaint by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Sawert, Peter) |
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Filing 121
ORDER that the hearing on plaintiff's motion to amend the complaint (Dkt. 118) cunently scheduled for Friday, November 8, 2019 at 10:00 a.m. is CANCELLED. Signed by District Judge T. S. Ellis, III on 11/4/19. (klau, )
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| Set Deadlines as to #118 MOTION to Amend/Correct the Complaint. Motion Hearing set for 11/8/2019 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (clar, ) |
| MOTIONS REFERRED to Magistrate Judge: Nachmanoff. #118 MOTION to Amend/Correct the Complaint (clar, ) |
| Reset Deadlines as to #118 MOTION to Amend/Correct the Complaint. Motion Hearing set for 11/8/2019 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (Per TSE chambers) (clar, ) |
| Filing 120 Memorandum in Support re #118 MOTION to Amend/Correct the Complaint filed by Gilbert P. Hyatt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(DeLaquil, Mark) |
| Filing 119 Notice of Hearing Date re #118 MOTION to Amend/Correct the Complaint (DeLaquil, Mark) |
| Filing 118 MOTION to Amend/Correct the Complaint by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
| Filing 117 Memorandum in Support re #114 MOTION to Seal filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 116 Sealed Document (Plaintiff's Memorandum in Support of Motion to Amend the Complaint). (Attachments: #1 Exhibit A, #2 Exhibit B)(DeLaquil, Mark) |
| Filing 115 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #114 MOTION to Seal (DeLaquil, Mark) |
| Filing 114 MOTION to Seal by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
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Filing 113
ORDER granting #108 Motion to Seal. ORDERED that the Clerk is directed to SEAL Plaintiff's Supplemental Response to the PTO's July 26, 2019 Status Update. Signed by Magistrate Judge Michael S. Nachmanoff on 9/24/19. (klau, )
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| Filing 112 Response to #93 Response, July 26, 2019 Status Report Filed by the PTO filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 111 Memorandum in Support re #108 MOTION to Seal Supplemental Response to the PTO's July 26, 2019 Status Update filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 110 Sealed Response/Reply/Opposition re #93 Response,. (DeLaquil, Mark) |
| Filing 109 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #108 MOTION to Seal Supplemental Response to the PTO's July 26, 2019 Status Update (DeLaquil, Mark) |
| Filing 108 MOTION to Seal Supplemental Response to the PTO's July 26, 2019 Status Update by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
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Filing 107
ORDER granting #97 Motion to Seal. Signed by District Judge T. S. Ellis, III on 08/06/2019. (dvanm, )
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Filing 106
ORDERED that the Motion to Seal #95 is GRANTED; and.it is further ORDERED that the Clerk is directed to SEAL Defendants Response to the Court's Order of June 21, 2019 #93 ; and it is further ORDERED that the Clerk is directed to make Exhibit 1 attached to the Plaintiff's Memorandum in Support of the Motion to Seal the public version of the Defendants' Response to the Count's Order of June 21, 2019. Signed by District Judge T. S. Ellis, III on 08/06/2019. (dvanm, )
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Filing 105
ORDER granting #95 Motion to Seal. Signed by District Judge T. S. Ellis, III on 08/06/2019. (dvanm, )
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| Filing 104 Memorandum in Support re #95 MOTION to Seal Exhibit 1 to Defendants' Response to June 21, 2019, Order filed by Gilbert P. Hyatt. (Attachments: #1 Exhibit 1, #2 Proposed Order)(DeLaquil, Mark) |
| Filing 103 Memorandum in Support re #95 MOTION to Seal Exhibit 1 to Defendants' Response to June 21, 2019, Order filed by Andrei Iancu, United States Patent and Trademark Office. (Sawert, Peter) |
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Filing 102
ORDER that defendants must file the memorandum in support of their Motion to Seal Exhibit 1 to their Response. Signed by District Judge T. S. Ellis, III on 7/30/19. (klau, )
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| Filing 101 Response to #93 Response re: July 26, 2019 Status Report Filed by the PTO filed by Gilbert P. Hyatt. (Attachments: #1 Exhibit 1)(DeLaquil, Mark) |
| Filing 100 Memorandum in Support re #97 MOTION to Seal Response to the PTO's July 26, 2019 Status Update filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 99 Sealed Document re #97 MOTION to Seal Response to the PTO's July 26, 2019 Status Update. (Attachments: #1 Exhibit 1)(DeLaquil, Mark) |
| Filing 98 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #97 MOTION to Seal Response to the PTO's July 26, 2019 Status Update (DeLaquil, Mark) |
| Filing 97 MOTION to Seal Response to the PTO's July 26, 2019 Status Update by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 96 Notice of Under Seal Filing LCvR5 (B) by Andrei Iancu, United States Patent and Trademark Office re #95 MOTION to Seal Exhibit 1 to Defendants' Response to June 21, 2019, Order (Sawert, Peter) |
| Filing 95 MOTION to Seal Exhibit 1 to Defendants' Response to June 21, 2019, Order by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Sawert, Peter) |
| Filing 94 Sealed Attachment/Exhibit(s) re #93 Response. (Sawert, Peter) |
| Filing 93 Response to #91 Order, with redacted Public Exhibit 1 filed by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Exhibit Redacted Exhibit 1)(Sawert, Peter) (Additional attachment(s) added on 8/7/2019: #2 Exhibit Deft's Response to Court's Order of June 21, 2019) (tran, ). |
| Filing 92 TRANSCRIPT of proceedings held on 6/20/2019, before Judge T.S. Ellis, Court Reporter/Transcriber Tonia Harris, Telephone number 703-646-1438. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/31/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 9/30/2019.(harris, tonia) |
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Filing 91
ORDER- It is hereby ORDERED that the PTO must provide, by 5:00 P.M. on Friday. July 26, 2019. a list of all actions it has taken to examine Hyatt's patent applications since Monday, June 3, 2019. It is further ORDERED that the parties must advise the Court as soon as the Federal Circuit decides the appeal of Hyatt v. Iancu, 332 F. Supp. 3d 113 (D.D.C. 2018). Signed by District Judge T. S. Ellis, III on 6/21/2019. (See order for further details). (acha, )
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| Filing 90 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Evidentiary Hearing held on 6/20/2019.Mark DeLaquil and Andrew Grossman appeared on behalf of the plaintiff. Plaintiff, Gilbert P. Hyatt was present. Dennis Barghaan, Jr. and Peter Sawert appeared on behalf of the defendant.Court heard testimony from Gregory Morse, Tariq Hafiz, and Pinchus Laufer. Plaintiff presented exhibits PEX-1, 5, 6, 14, 13, 15, 19, 17, 96, 43, 47, 48, 20, 73, 74, 87, 88, 89. Court advised parties to inform the Court as soon as the Federal Circuit decides on the DC case. Defense to submit by the close of business on July 26, 2019 on what actions have been taken with Plaintiff's application since June 1st. Court advised the parties no further discovery is allowed at this time. Court Reporter: T. Harris(tran) |
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Filing 89
ORDER that defts' #88 Objection is SUSTAINED insofar as Hyatt's proposed examination focuses on events that occurred decades ago and not sharply on the existence of the alleged de facio policy not to issue Hyatt patents and to avoid final agency action on his patent applications that allows judicial review; Hyatt may not examine the USPTO's Rule 30(b)(6), FRCP, designees regarding events that occurred decades ago and must instead focus his examination of the designees on the USPTO's recent actions and current practices (see Order for details). Signed by District Judge T. S. Ellis, III on 06/18/19. (pmil, )
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| Filing 88 Objection to #87 Response filed by Andrei Iancu, United States Patent and Trademark Office. (Sawert, Peter) |
| Filing 87 Response to #83 Response, #85 Order, #81 Order of June 11 filed by Gilbert P. Hyatt. (Attachments: #1 Exhibit A, #2 Exhibit B)(DeLaquil, Mark) |
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Filing 86
ORDER granting #84 Motion for Electronic Device Application. Signed by District Judge T. S. Ellis, III on 6/13/2019. (lcre, )
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Filing 85
ORDERED that Hyatt must come to the evidentiary hearing on 6/20/2019 prepared to examine fully the three witnesses he has designated, as his examination of the witnesses will not be bifurcated. Signed by District Judge T. S. Ellis, III on 6/13/2019. (rban, )
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| Filing 84 MOTION for Electronic Device Application by Gilbert P. Hyatt. (Attachments: #1 Exhibit A)(DeLaquil, Mark) |
| Filing 83 Response to #81 Order of June 11 on Evidentiary Hearing filed by Gilbert P. Hyatt. (Attachments: #1 Exhibit A)(DeLaquil, Mark) |
| Filing 82 TRANSCRIPT of proceedings held on 5/10/2019, before Judge T.S. Ellis, Court Reporter/Transcriber Tonia Harris, Telephone number 703-646-1438. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/11/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 9/9/2019.(harris, tonia) |
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Filing 81
ORDERED that an evidentiary hearing in this matter is scheduled for 6/20/2019 at 1:00 p.m. See Order for more details. Signed by District Judge T. S. Ellis, III on 6/11/2019. (rban, )
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| Set/Reset Hearings: Evidentiary Hearing set for 6/20/2019 at 01:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (rban, ) |
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Filing 80
ORDER granting #74 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 5/30/2019. (rban, )
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| Filing 79 Opposition to #78 Response, #73 Order, filed by Andrei Iancu, United States Patent and Trademark Office. (Sawert, Peter) |
| Filing 78 Response to #73 Order, of May 13 Concerning Discovery filed by Gilbert P. Hyatt. (Attachments: #1 Proposed Order, #2 Affidavit of Mark W. DeLaquil, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12)(DeLaquil, Mark) |
| Filing 77 Memorandum in Support re #74 MOTION to Seal Response to Court's May 13 Order filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 76 Sealed Document re #74 MOTION to Seal Response to Court's May 13 Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Exhibit 8, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12)(DeLaquil, Mark) |
| Filing 75 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #74 MOTION to Seal Response to Court's May 13 Order (DeLaquil, Mark) |
| Filing 74 MOTION to Seal Response to Court's May 13 Order by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
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Filing 73
ORDER that plaintiff may take five (5) depositions in this matter within thirty (30) days of the issuance of an Order regarding the applicability of the bad faith/government misconduct exceptions to the deliberative process privilege and that none of these depositions may be conducted pursuant to Rule 30(b)(6) ---- (see order for details). Signed by District Judge T. S. Ellis, III on 5/13/19. (klau, )
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| Filing 72 Letter . (DeLaquil, Mark) |
| Filing 71 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Status Conference held on 5/10/2019.Gilbert Hyatt, Mark DeLaqui, Andrew Grossman, and Paul Levine appeared on behalf of the plaintiff. Dennis Barghaan, Jr. and Peter Sawert appeared on behalf of the defendant.Matter briefed and argued. COURT will allow 5 depositions to be completed within 30 days. Plaintiff counsel can choose who they are. The Court will look at the landscape of what this case looks like after 30 days. Order to follow. Court Reporter: T. Harris(tran) (Additional attachment(s) added on 5/13/2019: #1 Exhibit Plaintiff's Exhibits 1-7) (tran, ). |
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Filing 70
ORDER that a status conference in this matter is scheduled for Friday, May 10, 2019 at 10:00 A.M. during which the parameters of sharply focused discovery will be decided. Signed by District Judge T. S. Ellis, III on 4/29/19. (klau, )
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| Set Hearings: Status Conference set for 5/10/2019 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (klau, ) |
| Filing 69 ANSWER to #1 Complaint by Andrei Iancu, United States Patent and Trademark Office.(Sawert, Peter) |
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Filing 68
ORDER granting #67 Motion for Extension of Time to Answer. ORDERED that Defendants shall answer Plaintiff's Complaint, on or before April 23, 2019. Signed by Magistrate Judge Michael S. Nachmanoff on 4/8/19. (klau, )
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| Filing 67 MOTION for Extension of Time to File Answer by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Sawert, Peter) |
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Filing 66
ORDER that defendants' #22 Motion to Dismiss for Improper Venue, Failure to State a Claim, and Lack of Jurisdiction is GRANTED IN PART and DENIED IN PART. ORDERED that plaintiff's #32 Motion to Compel Discovery is DENIED. ORDERED that plaintiff's #2 Motion to Seal Complaint, #37 Motion to Seal Response in Opposition, #46 Motion to File Complaint Under Seal, and #52 Motion to Seal Reply are GRANTED ---- (see order for details). Signed by District Judge T. S. Ellis, III on 3/26/19. (klau, )
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| Filing 65 NOTICE by Gilbert P. Hyatt re #32 MOTION to Compel Defendants to Participate in Discovery, #41 Response in Opposition to Motion of Supplemental Authority (Attachments: #1 Exhibit Briney Images, #2 Exhibit Khuu Email)(DeLaquil, Mark) |
| Filing 64 NOTICE by Gilbert P. Hyatt re #41 Response in Opposition to Motion Supplemental Authority (Attachments: #1 Exhibit Summary Judgment Decision, #2 Exhibit Summary Judgment Order)(DeLaquil, Mark) |
| Filing 63 Reply to Motion re #46 MOTION to Seal , #2 MOTION to Seal Complaint, #37 MOTION to Seal Response in Opposition filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 62 TRANSCRIPT of proceedings held on 9/7/2018, before Judge T.S. Ellis, Court Reporter/Transcriber Tonia Harris, Telephone number 703-646-1438. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/10/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 12/10/2018.(harris, tonia) |
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Filing 61
ORDERED that the Motion to Dismiss for Improper Venue, Failure to State a Claim, and Lack of Jurisdiction doc. #22 and the Motion to Compel Defendants to Participate in Discovery doc. #32 are taken under advisement. Signed by District Judge T. S. Ellis, III on 09/07/2018. (mpha)
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| Filing 60 Memorandum of Law Supporting Sealing Particular Documents Containing Defendants' Protected Information to #58 Order filed by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4)(Sawert, Peter) |
| Filing 59 Minute Entry for proceedings held before District Judge T. S. Ellis, III:Motion Hearing held on 9/7/2018 re: Defendant's Motion #22 to Dismiss for Improper Venue; to Dismiss for Failure to State a Claim; to Dismiss for Lack of Jurisdiction; and Plaintiff's Motion #32 to Compel. Mark W. DeLaquil, Andrew M. Grossman, and Paul Levine present on behalf of plaintiff. Dennis C. Barghaan, Jr. and Peter J. Sawert present on behalf of defendants. Matters briefed, argued, and taken under advisement. Order to follow. (Court Reporter Tonia Harris)(mpha) |
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Filing 58
ORDERED that within 7 days, Defendants shall submit a supporting memorandum for sealing these documents. Signed by Magistrate Judge Michael S. Nachmanoff on 8/31/2018. (rban, )
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Filing 57
ORDER- It is hereby ORDERED that Defendants' motion to seal is GRANTED; and it is also hereby ORDERED that Exhibits 1-3 to the Memorandum of Law in Support of Defendants' Motion to Dismiss shall be SEALED until further order of this Court. Signed by Magistrate Judge Michael S. Nachmanoff on 8/28/2018. (dest, )
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| Filing 56 Reply to Motion re #32 MOTION to Compel Defendants to Participate in Discovery filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 55 Memorandum in Support re #52 MOTION to Seal Reply filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 54 Sealed Response/Reply/Opposition re #52 MOTION to Seal Reply. (DeLaquil, Mark) |
| Filing 53 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #52 MOTION to Seal Reply (DeLaquil, Mark) |
| Filing 52 MOTION to Seal Reply by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
| Filing 51 Memorandum in Opposition re #32 MOTION to Compel Defendants to Participate in Discovery filed by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Exhibit Exhibits 1 & 2)(Sawert, Peter) |
| Filing 50 Redacted version of Complaint. (DeLaquil, Mark) |
| Filing 49 Memorandum in Support re #46 MOTION to Seal filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 48 Sealed Document re #46 MOTION to Seal . (DeLaquil, Mark) |
| Filing 47 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #46 MOTION to Seal (DeLaquil, Mark) |
| Filing 46 MOTION to Seal by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
| Filing 45 REPLY to Response to Motion re #22 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Andrei Iancu, United States Patent and Trademark Office. (Sawert, Peter) |
| Filing 44 Consent MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Compel Defendants to Participate in Discovery by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Sawert, Peter) |
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Filing 43
ORDER that the hearings on Defendants' Motion to Dismiss and Plaintiff's Motion to Compel Defendants to Participate in Discovery shall take place before the Honorable T.S. Ellis, III, United States District Court Judge for the Eastern District of Virginia, Alexandria Division, on September 7, 2018 at 10:00 AM in Courtroom 900. Signed by District Judge T. S. Ellis, III on 8/8/18. (klau, )
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| Reset Deadlines as to #32 MOTION to Compel Defendants to Participate in Discovery, #22 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 9/7/2018 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (klau, ) |
| Filing 42 Withdrawal of Motion by Gilbert P. Hyatt re #30 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss (DeLaquil, Mark) |
| Filing 41 RESPONSE in Opposition re #22 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 40 Memorandum in Support re #37 MOTION to Seal Response in Opposition filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 39 Sealed Response/Reply/Opposition re #37 MOTION to Seal Response in Opposition. (DeLaquil, Mark) |
| Filing 38 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #37 MOTION to Seal Response in Opposition (DeLaquil, Mark) |
| Filing 37 MOTION to Seal Response in Opposition by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
| Filing 36 Memorandum in Support re #35 Joint MOTION to Continue Hearing Dates filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 35 Joint MOTION to Continue Hearing Dates by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
| Set/Reset Deadlines as to #22 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 8/31/2018 at 03:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (rban, ) |
| Set Deadlines as to #32 MOTION to Compel Defendants to Participate in Discovery. Motion Hearing set for 8/24/2018 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (clar, ) |
| MOTIONS REFERRED to Magistrate Judge: Nachmanoff. #32 MOTION to Compel Defendants to Participate in Discovery (clar, ) |
| Filing 34 Notice of Hearing Date set for 8/24/2018 re #32 MOTION to Compel Defendants to Participate in Discovery, #33 Memorandum in Support (DeLaquil, Mark) |
| Filing 33 Memorandum in Support re #32 MOTION to Compel Defendants to Participate in Discovery filed by Gilbert P. Hyatt. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(DeLaquil, Mark) |
| Filing 32 MOTION to Compel Defendants to Participate in Discovery by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
| Filing 31 Memorandum in Support re #30 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss filed by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 30 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
| Filing 29 NOTICE of Appearance by Peter John Sawert on behalf of Andrei Iancu, United States Patent and Trademark Office (Sawert, Peter) |
| Set Deadlines as to #22 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 8/24/2018 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (klau, ) |
| Filing 28 Notice of Hearing Date set for 8/24/2018 re #22 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Barghaan, Dennis) |
| Filing 27 Notice of Under Seal Filing LCvR5 (B) by Andrei Iancu, United States Patent and Trademark Office re #25 MOTION to Seal (Barghaan, Dennis) |
| Filing 26 Memorandum in Support re #25 MOTION to Seal filed by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) |
| Filing 25 MOTION to Seal by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Barghaan, Dennis) |
| Filing 24 Sealed Attachment/Exhibit(s) re #23 Memorandum in Support,. (Barghaan, Dennis) |
| Filing 23 Memorandum in Support re #22 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) |
| Filing 22 MOTION to Dismiss for Improper Venue, MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) |
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Filing 21
ORDER granting #20 Motion for Extension of Time to File. ORDERED that Defendants shall file their initial response to Plaintiff's Complaint on or before July 23, 2018. Signed by Magistrate Judge Michael S. Nachmanoff on 07/10/18. (cmar, )
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| Filing 20 Consent MOTION for Extension of Time by Andrei Iancu, United States Patent and Trademark Office. (Attachments: #1 Proposed Order)(Barghaan, Dennis) |
| Filing 19 SUMMONS Returned Executed by Certified Mail as to United States Patent and Trademark Office. (klau, ) |
| Filing 18 SUMMONS Returned Executed by Certified Mail as to Andrei Lancu. (klau, ) |
| Filing 17 SUMMONS Returned Executed by Certified Mail as to U.S. Attorney General. (klau, ) |
| Filing 16 SUMMONS Returned Executed by Certified Mail as to U.S. Attorney. (Attachments: #1 Letter)(klau, ) |
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Filing 15
ORDER granting #11 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 5/11/18. (klau, )
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Filing 14
ORDER granting #10 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 5/9/18. (klau, )
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| Filing 13 Financial Interest Disclosure Statement (Local Rule 7.1) by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 12 Summons Issued for service by SPS as to Andrei Iancu, United States Patent and Trademark Office, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(klau, ) |
| Filing 11 First Motion to appear Pro Hac Vice by Paul Levine and Certification of Local Counsel Mark DeLaquil Filing fee $ 75, receipt number 0422-6076154. by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 10 First Motion to appear Pro Hac Vice by Andrew M. Grossman and Certification of Local Counsel Mark DeLaquil Filing fee $ 75, receipt number 0422-6076143. by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 9 Proposed Summons by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 8 Proposed Summons by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 7 Proposed Summons by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 6 Proposed Summons by Gilbert P. Hyatt. (DeLaquil, Mark) |
| Filing 5 Memorandum Regarding to #2 MOTION to Seal Complaint filed by Gilbert P. Hyatt. (Attachments: #1 Attachment 1, #2 Attachment 2)(DeLaquil, Mark) |
| Filing 4 Sealed Document re #2 MOTION to Seal Complaint. (DeLaquil, Mark) |
| Filing 3 Notice of Filing Sealing Motion LCvR5(C) by Gilbert P. Hyatt re #2 MOTION to Seal Complaint (DeLaquil, Mark) |
| Filing 2 MOTION to Seal Complaint by Gilbert P. Hyatt. (Attachments: #1 Proposed Order)(DeLaquil, Mark) |
| Filing 1 COMPLAINT (Redacted) with Jury Demand against Andrei Iancu, United States Patent and Trademark Office ( Filing fee $ 400, receipt number 0422-6073245.), filed by Gilbert P. Hyatt. (Attachments: #1 Civil Cover Sheet)(klau, ) |
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