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Hyatt v. USPTO: Mandamus Action Requesting an Impartial Administrative Review

Hyatt v.

No Substance: Hyatt’s Challenge of MPEP 1207.04 (reopening prosecution rather than hearing appeal)

Hyatt v.

Hyatt v. USPTO: Three generations of poor examination are enough.

By Dennis Crouch Gilbert Hyatt v.

USPTO vs Hyatt: When an Applicant has Too Many Patent Applications

Hyatt v.

Hyatt v. Kappos: Federal Circuit Opens Door to Post-BPAI Civil Actions

By Dennis Crouch Hyatt v.

Federal Circuit Gives PTO “OK” to Treat Hyatt as a Special Case

Gilbert Hyatt v.

PTO Publishes Comments on Proposed BPAI Rules

[DOC] Hyatt, Gilbert P.

US Government Asks for Increased Deference When Patent Applicants Challenge BPAI Decisions in Court

Hyatt (On petition for writ of certiorari, 2011) (Download Hyatt.GovtBrief) Although the US Patent & Trademark Office (USPTO) and the Department of Justice (DOJ) have been at odds on the issue of the patent eligibility of genetic material isolated from a living organism, the two agencies are speaking with one voice against the Federal Circuit's recent decision in Hyatt v.

Pre-GATT Applications

One small aspect of Director Michelle Lee's testimony to congress was that the number of pending pre-GATT applications still pending has been reduced to only 20 - not counting those owned by Gill Hyatt.

Appealing a BPAI Rejection: Can the Applicant Present New Arguments and New Evidence to the District Court?

Hyatt v.

Franchise Tax Board of California v. Gilbert P. Hyatt

I posted an article earlier on Gil Hyatt's ongoing disputes with the USPTO.  He also has ongoing disputes with the California Tax Board that reach back to his early licensing revenue from his 1990 microprocessor patent.  The case is back before the Supreme Court for the third time.  See  Franchise Tax Board v.

Written Description: CAFC Finds Prima Facie Rejection

Hyatt v.

Hyatt’s Family Tree

In the ongoing saga between the USPTO and Hyatt, the USPTO recently submitted an interesting family tree of related applications filed by Gilbert Hyatt.

Pending Supreme Court and en banc Federal Circuit Patent Cases

Hyatt: Standard of Review of Patent Office Appeals to the District Court.  In Kappos v.

Challenging PTO Decisions in District Court: Federal Circuit Affirms Exclusion of Enablement Evidence that “Should Have” Been Raised During Prosecution

Hyatt v.

When Examiners Reopen Prosecution …

Hyatt's petition to the U.S.

The Timeliness of the En Banc Rehearing of Hyatt v. Kappos

The pending en banc case of Hyatt v.

Gilbert Hyatt: BPAI Erred in Aggressive Grouping of Claims

Hyatt v.

Technical Amendment H.R. 6621

According to Capitol Hill rumors, well known patentee Gil Hyatt was able to convince one Senator to put a hold on the bill that would have eliminated possibility of passage barring the amendment.

Supreme Court takes Two More Patent Cases

Hyatt, the Supreme Court will decide (1) whether a patent applicant who files a Section 145 civil action has a right to present new evidence to the Federal District Court that could have been (but was not) presented during the proceedings before the USPTO and (2) when new evidence is presented, whether the court may decide the related factual questions de novo and without deference to prior PTO findings.  An en banc Federal Circuit previously sided with the applicant, Hyatt, and held that the district court must allow new evidence and that factual conclusions affected by the new evidence must be decided de novo even if previously determined by the PTO.

Bits and Bytes No. 125: Comments on Comments

Gil Hyatt's attorney contacted me this morning and asked that a few "offending" comments be removed from the post associated with his case.

Reopening Prosecution – Rather than Allowing Appeal

This section of the MPEP allows a patent examiner to "reopen prosecution to enter a new ground of rejection" in response to a patentee filing an appellate brief.  Hyatt argues that this approach violates the right to appeal under 35 U.S.C.

Old Applications; New Patents

 I recently wrote about the Gil Hyatt case that involves several patent applications filed in the 1970s and an additional handful of applications pending since the mid 1990s.

Patently-O Bits and Bytes No. 59

Inventor Gil Hyatt gets $388 million more – this time from the California Franchise Tax Board.

Law Review Case Note Topics for 2010-2011

at https://patentlyo.com/patent/2010/08/ignoring-non-patentable-elements-while-judging-novelty.html Hyatt v.

Supreme Court: District Courts must Review PTO Factual Findings De Novo in Cases Challenging Board Decisions

Hyatt (Supreme Court 2012) This case involves a patentee's right to a file a civil action in district court challenging the USPTO's refusal to grant a patent.

The Economist: Time to Fix Patents

Chief Judge Michel: State of the Court

DuMont has been nominated to fill Judge Michel’s place on the bench] In February, we granted rehearing en banc in Hyatt v.

What is a troll patent and why are they bad?

Working through Old Patent Applications

The decision in Hyatt v.

Agency Bad Guidance Practices at the Patent and Trademark Office: a Billion Dollar Problem

Boundy's essay is directly relevant to the pending en banc petition in Hyatt v.

Pending Supreme Court Patent Cases 2016 (April 18 Update)

Hyatt, 132 S.

Supreme Court End of Term Updates

Hyatt v.

Where is that Anticipation Rejection? Isn’t it Obvious!

Rarity: Federal Circuit Reverses Jury Verdict of Non-Obviousness

Intellectual Property Association (AIPLA) calls for the creation of a post-grant opposition procedure

11-13: Practical Patent Prosecution Training for New Lawyers Hyatt Regency Crystal City, Arlington, VA Oct.

Peter v. NantKwest: Attorney Fees for Challenging PTO Decisions

En Banc Federal Circuit: PTO Does Not Automatically Get Attorney Fees in Appeals and Civil Action Claims

Back in 2010, the Federal Circuit ruled that the statute allows the USPTO to collect expenses "regardless of the outcome." Hyatt v.

Biosig v. Nautilus: Indefiniteness on Remand

H.R. 6621: Proposed Modifications to the America Invents Act of 2011

An Empirical Study of the Role of The Written Description Requirement in Patent Prosecution

Although Motivated to Try; No Reasonable Expectation of Success

Athena Diagnostics v. Mayo

Attorney Fees: What is the meaning of “all expenses?”

An oddity of Section 145 civil action is the last line which states: "All the expenses of the proceedings shall be paid by the applicant."  In 2010, the en banc Federal Circuit ruled that the statute means what it says - expenses are to be paid by the applicant "regardless of the outcome." Hyatt v.

Oil States: Trump Admin Supports AIA Trial Proceedings

Hyatt, 566 U.S.

Cancellation of Progressive’s Business Method Patents Confirmed on Appeal

The PTO typically (except in Hyatt's case) does not require a patentee to expressly connect each patent claim with its effective priority date.

Accelerating ex parte PTAB Appeals: For a Fee

Patently-O Bits and Bytes

Promoting the Useful Arts: How can Congress prevent the issuance of poor quality patents?

Supreme Court 2019-2020: Introduction to the Term’s Patent Cases

Hyatt  v.

My Take after Oral Arguments: Supreme Court Likely to Affirm in Peter v. NantKwest

 Hyatt v.

Supreme Court Long Conference – Patent Law

Prosecution Procedures: Hyatt v.

What happens when Patents Are Later Invalidated?

Supreme Court will hear Section 145 Attorney Fees Case

 Hyatt v.

Patently-O Bits and Bytes by Juvan Bonni

Kyle Hyatt: GM Files Patent Application for a 'Clutch-by-Wire' System (Source: CNET)…

Takings: A Costly Screen for IPRs.

USPTO Announces Recipients of 2017 Patent Pro Bono Achievement Certificate

Brownstein Hyatt Farber Schreck, LLP -- David Atkinson -- Denver, CO…

NantKwest: Attorney Fee case Moving Toward Decision

An oddity of Section 145 civil action is the last line which states: "All the expenses of the proceedings shall be paid by the applicant." In 2010, the en banc Federal Circuit ruled that the statute means what it says – expenses are to be paid by the applicant "regardless of the outcome." Hyatt v.

Paying Attorney Fees on Appeal

An oddity of the statute is its statement that "all the expenses of the proceedings shall be paid by the applicant."  In its 2010 Hyatt decision, the Federal Circuit ruled that the expenses are to be paid by the applicant "regardless of the outcome."  In the new decision NantKwest v.

Patentlyo Bits and Bytes by Anthony McCain

Brownstein Hyatt Farber Schreck…

Eon v. AT&T and the role of “Pure Functional Claiming”

Bard v. W.L. Gore: Revisiting Willful Infringement (Again)

Federal Circuit Implements Low Standard for Prima Facie Indefiniteness Rejection

"In the prosecution of a patent, the initial burden falls on the PTO [examiner] to set forth the basis for any rejection." Hyatt v.

UK Take on Software Patent Eligibility: Claim Must include Feature that is both Technological and Innovative

Federal Circuit: No Deference to PTO Factual Findings from Prosecution

Hyatt, 132 S.

Federal Circuit Annual Conference

I’m sorry that I can’t make it to Thursday’s Federal Circuit Judicial Conference at the Grand Hyatt in DC.

IPCom Wins by Waiver – Federal Circuit Temporarily Revitalizes IPCom Case Against HTC

In re Hyatt, 708 F.2d 712 (Fed.

Patently-O Bits & Bytes by Lawrence Higgins

Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Federal Circuit En Banc Patent Decisions

Hyatt v.

Transition: Chief Judge Michel –> Chief Judge Rader

ITC (patent pools and antitrust), Hyatt v.

Bilski’s Patent Application

Patently-O Bits and Bytes No. 40

They will be deciding three patent cases: Hyatt v.

Tafas v. Dudas: PTO’s Proposed Limitations on Continuations and Claims are Invalid

Patently-O Bits and Bytes No. 17

Judicial Conference: The CAFC's Judicial Conference is scheduled for May 15, 2008 in DC at the Grand Hyatt.

Patent Refom: Unsettling Rights

Patently-O TidBits

Patent Lawyer / Agent – Law Firm – Denver, Colo.

The Denver office of Brownstein Hyatt Farber Schreck seeks a lawyer or patent agent with at least three years of patent prosecution experience.

Trademark, Copyright & Media Associate – Law Firm – Denver, Colo.

The Denver office of Brownstein Hyatt Farber Schreck has a position available for immediate filling in the trademark, copyrights, media, and brand protection group.

IP Associate – Law Firm – Denver, Colo.

The Denver office of Brownstein Hyatt Farber Schreck is seeking an Intellectual Property Associate for the firm’s patent group.

The USPTO is hiring in Denver

On Friday, March 7, 2014 and Saturday March 8, 2014 USPTO will host a career fair at the Hyatt Regency Denver Convention Center downtown at 650 15th Street.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.

Patently-O Bits & Bytes by Lawrence Higgins

(Patently-O readers can register with code PO 200 for a discount) [Link] Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego.