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HYATT v. U.S. PATENT AND TRADEMARK OFFICE

2017-1722.

904 F.3d 1361 (2018)

Gilbert P. HYATT, American Association for Equitable Treatment, Inc., Plaintiffs-Appellants v. UNITED STATES PATENT AND TRADEMARK OFFICE, Andrei Iancu, in his Official Capacity as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: September 24, 2018.

Attorney(s) appearing for the Case

ANDREW M. GROSSMAN , Baker & Hostetler LLP, Washington, DC, argued for plaintiffs-appellants. Also represented by MARK W. DeLAQUIL .

MOLLY R. SILFEN , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for defendants-appellees. Also represented by THOMAS W. KRAUSE , ROBERT J. McMANUS .

Before Reyna, Wallach, and Hughes, Circuit Judges.

Gilbert Hyatt sued the United States Patent and Trademark Office alleging that the PTO acted unlawfully in denying his petition for rulemaking. Mr. Hyatt now appeals from the district court's grant of the PTO's motion for summary judgment and dismissal of his claims for lack of subject matter jurisdiction. We reverse the district...

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