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Case TitleHYATT v. UNITED STATES PATENT AND TRADEMARK OFFICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00234
Date Filed2018-02-01
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffGILBERT P. HYATT
Case DescriptionGilbert Hyatt submitted a FOIA request to the U.S. Patent and Trademark Office for records concerning a decades-old dispute between the agency and himself pertaining to his ability to obtain patents. Hyatt wanted access to an email from patent examiner Hien Dieu Thi Khuu, but because he was unable to get the email through discovery, he made a FOIA request for it. The agency acknowledged receipt of the request and denied the request on the basis that the Khuu email was not an agency record. Hyatt filed an administrative appeal of that decision and the agency upheld its denial. Hyatt then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUNITED STATES PATENT AND TRADEMARK OFFICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-011COMPLAINT against UNITED STATES PATENT AND TRADEMARK OFFICE ( Filing fee $ 400 receipt number 0090-5312879) filed by GILBERT P. HYATT. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Civil Cover Sheet, # 8 Summons, # 9 Summons, # 10 Summons)(Grossman, Andrew) (Attachment 7 replaced on 2/1/2018) (jd). (Entered: 02/01/2018)
2018-02-012NOTICE OF RELATED CASE by GILBERT P. HYATT. Case related to Case No. 05-2310, 09-1864, 09-1869, 09-1872. (Grossman, Andrew) (Main Document 2 replaced on 2/1/2018) (jd). (Entered: 02/01/2018)
2018-02-013MOTION for Summary Judgment by GILBERT P. HYATT (Attachments: # 1 Statement of Facts Statement of Undisputed Material Facts, # 2 Declaration Declaration of Andrew M. Grossman, # 3 Memorandum in Support, # 4 Text of Proposed Order)(Grossman, Andrew) (Entered: 02/01/2018)
2018-02-014MOTION to Compel Production of Document for in Camera Review by GILBERT P. HYATT (Attachments: # 1 Text of Proposed Order)(Grossman, Andrew) (Entered: 02/01/2018)
2018-02-01Case Assigned to Judge Royce C. Lamberth. (jd) (Entered: 02/01/2018)
2018-02-065SUMMONS (3) Issued Electronically as to UNITED STATES PATENT AND TRADEMARK OFFICE, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(jd) (Entered: 02/06/2018)
2018-02-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES PATENT AND TRADEMARK OFFICE served on 2/6/2018 (Attachments: # 1 Return of Service on Dept. of Commerce GC)(Grossman, Andrew) Modified date of service on 2/22/2018 (znmw). (Entered: 02/21/2018)
2018-02-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/6/2018. Answer due for ALL FEDERAL DEFENDANTS by 3/8/2018. (Grossman, Andrew) (Entered: 02/21/2018)
2018-02-218CERTIFICATE OF SERVICE by GILBERT P. HYATT re 4 MOTION to Compel Production of Document for in Camera Review , 3 MOTION for Summary Judgment . (Grossman, Andrew) (Entered: 02/21/2018)
2018-03-069NOTICE of Appearance by Jason Todd Cohen on behalf of UNITED STATES PATENT AND TRADEMARK OFFICE (Cohen, Jason) (Entered: 03/06/2018)
2018-03-0810ANSWER to 1 Complaint by UNITED STATES PATENT AND TRADEMARK OFFICE.(Cohen, Jason) Modified to add link on 3/9/2018 (znmw). (Entered: 03/08/2018)
2018-03-0911NOTICE of Appearance by Paul Marc Levine on behalf of GILBERT P. HYATT (Levine, Paul) (Entered: 03/09/2018)
2018-03-0912NOTICE of Appearance by Mark Wendell DeLaquil on behalf of GILBERT P. HYATT (DeLaquil, Mark) (Entered: 03/09/2018)
2018-03-1513PROPOSED BRIEFING SCHEDULE by UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 03/15/2018)
2018-03-2014Order directing the parties to adhere to the following briefing schedule: Summary Judgment motions due by 4/9/2018. Response to Motion for Summary Judgment due by 4/23/2018. Reply to Motion for Summary Judgment due by 5/7/2018. Signed by Judge Royce C. Lamberth on 3/19/18. (lsj) (Entered: 03/20/2018)
2018-04-0915Cross MOTION for Summary Judgment by UNITED STATES PATENT AND TRADEMARK OFFICE (Attachments: # 1 Memorandum in Support of Defendant's Cross-Motion for Summary Judgment and in Opposition to Plaintiff's Motion, # 2 Defendant's Statement of Material Facts Not in Genuine Dispute, # 3 Defendant's Response to Plaintiff's Statement of Facts, # 4 Declaration of Louis J. Boston Jr., # 5 Text of Proposed Order)(Cohen, Jason) (Entered: 04/09/2018)
2018-04-0916Memorandum in opposition to re 3 MOTION for Summary Judgment filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Facts, # 2 Defendant's Statement of Material Facts Not in Genuine Dispute, # 3 Declaration of Louis J. Boston Jr.)(Cohen, Jason) (Entered: 04/09/2018)
2018-04-0917Memorandum in opposition to re 4 MOTION to Compel Production of Document for in Camera Review filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Cohen, Jason) (Entered: 04/09/2018)
2018-04-2318REPLY to opposition to motion re 4 MOTION to Compel Production of Document for in Camera Review , 3 MOTION for Summary Judgment filed by GILBERT P. HYATT. (Grossman, Andrew) (Entered: 04/23/2018)
2018-04-2319Memorandum in opposition to re 15 Cross MOTION for Summary Judgment filed by GILBERT P. HYATT. (Grossman, Andrew) (Entered: 04/23/2018)
2018-05-0720REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Cohen, Jason) (Entered: 05/07/2018)
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by FOIA Project Staff