HYATT v. DUDAS

No. 2006-1171.

492 F.3d 1365 (2007)

Gilbert P. HYATT, Plaintiff-Appellee, v. Jon W. DUDAS, Director, Patent and Trademark Office, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 28, 2007.


Attorney(s) appearing for the Case

J. Robert Chambers, Wood, Herron & Evans, L.L.P., of Cincinnati, Ohio, argued for plaintiff-appellee. With him on the brief were Wilma A. Lewis and Michael I. Coe, Crowell & Moring LLP, of Washington, DC, and Gregory L. Roth, of La Palma, California. Of counsel were Dennis R. Gallagher, Crowell & Moring LLP, of Irvine, California, and Richard G. Taranto, Farr & Taranto, of Washington, DC.

John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for defendant-appellant. With him on the brief were Thomas W. Krause and William G. Jenks, Associate Solicitors.

Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.


MICHEL, Chief Judge.

The Patent and Trademark Office ("PTO") appeals an order of the United States District Court for the District of Columbia in a civil action filed by Gilbert P. Hyatt against Jon W. Dudas, Director of the PTO, under 35 U.S.C. § 145. See Hyatt v. Dudas, 393 F.Supp.2d 1 (D.C.Cir. 2005). For the reasons set forth in this opinion, we reverse.

I. BACKGROUND

Hyatt has filed numerous...

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