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HYATT v. HIRSHFELD

2020-2321, 2020-2323, 2020-2324, 2020-2325.

9 F.4th 1372 (2021)

Gilbert P. HYATT, Plaintiff-Appellee, 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: August 18, 2021.

Attorney(s) appearing for the Case

Andrew M. Grossman , Baker & Hostetler LLP, Washington, DC, argued for plaintiff-appellee. Also represented by Mark W. DeLaquil , Sean Sandoloski .

Molly R. Silfen , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for defendant-appellant. Also represented by Michael S. Forman , Thomas W. Krause , Farheena Yasmeen Rasheed .

Before Moore, Chief Judge, Reyna and Hughes, Circuit Judges.

After adverse results in proceedings at the Patent and Trademark Office, Gilbert Hyatt sued under 35 U.S.C. § 145 in district court for award of several patents. The district court initially ordered the PTO to issue some of these patents and awarded attorney's fees to Mr. Hyatt as a prevailing party. The district court...

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