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Case TitleHYATT v. UNITED STATES PATENT AND TRADEMARK OFFICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02800
Date Filed2018-11-30
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffGILBERT P. HYATT
Case DescriptionGilbert Hyatt, an inventor, submitted a FOIA request to the U.S. Patent and Trademark Office for records concerning him or his patent applications. The agency acknowledged receipt of the request and asked Hyatt to narrow the scope of his request. The agency provided a fee estimate of $3,029,782 and put Hyatt in the commercial requester fee category. Hyatt asked PTO to explain its fee estimate. The agency told Hyatt that the search would cost $3,435, but that reviewing the emails would cost $918,000 and reviewing email attachments would cost $2.1 million. Hyatt narrowed his request. The agency denied Hyatt's request for a fee waiver and estimated the cost of the narrowed request would be $131,000. Hyatt filed an administrative appeal, which was denied. Hyatt then filed suit.
Complaint issues: Public Interest Fee Waiver, Fee Category - Commercial

DefendantUNITED STATES PATENT AND TRADEMARK OFFICE
DefendantUNITED STATES PATENT AND TRADEMARK OFFICE
600 Dulany Street
Alexandria, VA 22314
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
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-301COMPLAINT against UNITED STATES PATENT AND TRADEMARK OFFICE (Filing fee $ 400) filed by GILBERT P. HYATT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit Exhibit A, # 6 Exhibit Exhibit B, # 7 Exhibit Exhibit C, # 8 Exhibit Exhibit D, # 9 Exhibit Exhibit E, # 10 Exhibit Exhibit F, # 11 Exhibit Exhibit G, # 12 Exhibit Exhibit H - One, # 13 Exhibit Exhibit H - Two, # 14 Exhibit Exhibit I, # 15 Exhibit Exhibit J)(DeLaquil, Mark) (Entered: 11/30/2018)
2018-11-30Case Assigned to Judge Tanya S. Chutkan. (zef, ) (Entered: 12/03/2018)
2018-12-032Payment for 1 Complaint,,. ($400; Receipt number 0090-5818591). (DeLaquil, Mark) (Entered: 12/03/2018)
2018-12-033SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef,) (Entered: 12/03/2018)
2018-12-034SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by GILBERT P. HYATT (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(DeLaquil, Mark) (Entered: 12/03/2018)
2018-12-035MOTION for Summary Judgment by GILBERT P. HYATT (Attachments: # 1 Declaration, # 2 Statement of Facts, # 3 Text of Proposed Order)(DeLaquil, Mark) (Entered: 12/03/2018)
2018-12-03MINUTE ORDER: Plaintiff's motion for summary judgment 5 is hereby DENIED without prejudice. Plaintiff's brief does not appear to comply with Local Civil Rule 5.1(d). Additionally, the court finds the motion premature. Once the Defendant has entered an appearance, the court will issue a case management order. Signed by Judge Tanya S. Chutkan on 12/3/18. (DJS) (Entered: 12/03/2018)
2018-12-04MINUTE ORDER: Denying as moot 4 Plaintiff's Motion for Leave to File Documents Under Seal. See 12/3/18 Minute Order.SO ORDERED - by Judge Tanya S. Chutkan on 12/03/18. (tb) (Entered: 12/04/2018)
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by FOIA Project Staff
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