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

patentlyo.com/patent/2011/04/us-government-asks-for-increased-deference-when-patent-applicants-challenge-bpai-decisions-in-court.html

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

patentlyo.com/patent/2016/09/pre-gatt-applications.html

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.

Franchise Tax Board of California v. Gilbert P. Hyatt

patentlyo.com/patent/2018/09/franchise-california-gilbert.html

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.

Hyatt’s Family Tree

patentlyo.com/patent/2015/02/hyatts-family-tree.html

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

Technical Amendment H.R. 6621

patentlyo.com/patent/2012/12/technical-amendment-hr-6621.html

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

patentlyo.com/patent/2011/06/supreme-court-takes-two-more-patent-cases.html

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

patentlyo.com/patent/2009/08/bits-and-bytes-comments-on-comments.html

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

patentlyo.com/patent/2019/07/reopening-prosecution-allowing.html

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

patentlyo.com/patent/2014/01/old-patents.html

 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

patentlyo.com/patent/2008/08/patently-o-bi-4-5.html

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

Law Review Case Note Topics for 2010-2011

patentlyo.com/patent/2010/09/law-review-case-note-topics-for-2010-2011.html

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

Chief Judge Michel: State of the Court

patentlyo.com/patent/2010/05/chief-judge-michel-state-of-the-court.html

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

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

patentlyo.com/patent/2004/07/intellectual_pr-3.html

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

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

patentlyo.com/patent/2018/07/automatically-attorney-appeals.html

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

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

patentlyo.com/patent/2017/08/attorney-meaning-expenses.html

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.

Cancellation of Progressive’s Business Method Patents Confirmed on Appeal

patentlyo.com/patent/2015/08/cancellation-progressives-confirmed.html

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

Patently-O Bits and Bytes by Juvan Bonni

patentlyo.com/patent/bits-and-bytes/2018/10/patently-bits-and-bytes-by-juvan-bonni-12.html

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

NantKwest: Attorney Fee case Moving Toward Decision

patentlyo.com/patent/2018/01/nantkwest-attorney-decision.html

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

patentlyo.com/patent/2017/06/paying-attorney-appeal.html

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.

Federal Circuit Implements Low Standard for Prima Facie Indefiniteness Rejection

patentlyo.com/patent/2014/05/implements-indefiniteness-rejection.html

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

Federal Circuit Annual Conference

patentlyo.com/patent/2012/05/federal-circuit-annual-conference.html

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

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/uspto-news/2011/10/patently-o-bits-bytes-by-lawrence-higgins-2-16.html

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

patentlyo.com/patent/bits-and-bytes/2011/10/patently-o-bits-bytes-by-lawrence-higgins-1-29.html

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

patentlyo.com/patent/2011/10/patently-o-bits-bytes-by-lawrence-higgins-1-19.html

(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

patentlyo.com/patent/2011/10/patently-o-bits-bytes-by-lawrence-higgins-1-6.html

(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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-3-4.html

(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

patentlyo.com/patent/bits-and-bytes/2011/09/patently-o-bits-bytes-by-lawrence-higgins-3-14.html

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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-3-9.html

(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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-2-17.html

(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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-2-7.html

(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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-2-22.html

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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-1-20.html

(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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-1-7.html

(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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-1-30.html

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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-15.html

(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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-49.html

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

patentlyo.com/patent/2011/09/patently-o-bits-bytes-by-lawrence-higgins-35.html

(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

patentlyo.com/patent/2011/08/patently-o-bits-bytes-by-lawrence-higgins-3-10.html

(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

patentlyo.com/patent/2011/08/patently-o-bits-bytes-by-lawrence-higgins-3-5.html

(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

patentlyo.com/patent/2011/08/patently-o-bits-bytes-by-lawrence-higgins-3-15.html

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 and Bytes No. 17

patentlyo.com/patent/2008/02/patently-o-bi-7-5.html

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

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

patentlyo.com/jobs/2017/04/patent-lawyer-denver.html

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.

patentlyo.com/jobs/2016/08/trademark-copyright-associate.html

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.

patentlyo.com/jobs/2016/07/associate-law-firm-denver-colo.html

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

patentlyo.com/jobs/2014/02/uspto-hiring-denver.html

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

patentlyo.com/jobs/2011/10/patently-o-bits-bytes-by-lawrence-higgins-2-16.html

(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

patentlyo.com/jobs/2011/10/patently-o-bits-bytes-by-lawrence-higgins-2-6.html

(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.