HYATT v. U.S. PATENT AND TRADEMARK OFFICE

No. 2014-1596.

797 F.3d 1374 (2015)

Gilbert P. HYATT, Plaintiff-Appellant v. UNITED STATES PATENT AND TRADEMARK OFFICE, Michelle K. Lee, Director, U.S. Patent and Trademark Office, In her Official Capacity, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 20, 2015.


Attorney(s) appearing for the Case

Aaron M. Panner , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, argued for plaintiff-appellant. Also represented by Melanie L. Bostwick.

Mark R. Freeman , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendants-appellees. Also represented by Scott R. McIntosh , Joyce R. Branda ; Nathan K. Kelley , Brian Thomas Racilla , Molly R. Silfen , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA; Dana J. Boente , Antonia Konkoly , Office of the United States Attorney for the Eastern District of Virginia, Alexandria, VA.

Before MOORE, MAYER, and LINN, Circuit Judges.


Gilbert P. Hyatt appeals from the district court's decision that it lacked subject matter jurisdiction over his Administrative Procedure Act ("APA") claims against the Patent and Trademark Office ("PTO") and its acting Director under 5 U.S.C. § 701(a)(2) and, alternatively, that...

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