2018-2390, 2018-2391, 2018-2392, 2019-1038, 2019-1039, 2019-1049, 2019-1070.

998 F.3d 1347 (2021)

Gilbert P. HYATT, Plaintiff-Cross-Appellant v. 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, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: June 1, 2021.

Attorney(s) appearing for the Case

Andrew M. Grossman , Baker & Hostetler LLP, Washington, DC, argued for plaintiff-cross-appellant. Also represented by Mark W. DeLaquil , Jason F. Hoffman .

Thomas W. Krause , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for defendant-appellant. Also represented by Robert McBride , Robert J. McManus , Molly R. Silfen .

Before Reyna, Wallach, and Hughes, Circuit Judges.

The United States Patent and Trademark Office appeals a judgment of the United States District Court for the District of Columbia. Patent applicant Gilbert P. Hyatt filed an action under 35 U.S.C. § 145 against the Patent and Trademark Office to obtain four patents. The Patent and Trademark Office asserted affirmative...


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