Skip to content

Case Detail

[Subscribe to updates]
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)
2018-12-136ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES PATENT AND TRADEMARK OFFICE served on 12/6/2018 (DeLaquil, Mark) Modified on 12/18/2018 (ztd). (Entered: 12/13/2018)
2018-12-137ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/9/2019. (DeLaquil, Mark) Modified on 12/18/2018 (ztd). (Entered: 12/13/2018)
2018-12-138ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/7/18. (DeLaquil, Mark) Modified on 12/18/2018 (ztd). (Entered: 12/13/2018)
2018-12-139NOTICE of Appearance by Andrew M. Grossman on behalf of GILBERT P. HYATT (Grossman, Andrew) (Entered: 12/13/2018)
2018-12-1310CERTIFICATE OF SERVICE by GILBERT P. HYATT re 1 Complaint,,. (Attachments: # 1 Certificate of Service, # 2 Certificate of Service)(ztd) (Entered: 12/18/2018)
2018-12-18NOTICE OF ERROR re 6 Summons Returned Executed as to Federal Defendant; emailed to mdelaquil@bakerlaw.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Refile documents with the documentation indicating the actual dates that service was made. (ztd, ) (Entered: 12/18/2018)
2018-12-18NOTICE OF ERROR re 7 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to mdelaquil@bakerlaw.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Refile documents with the documentation indicating the actual dates that service was made. (ztd, ) (Entered: 12/18/2018)
2018-12-18NOTICE OF ERROR re 8 Summons Returned Executed as to U.S. Attorney General; emailed to mdelaquil@bakerlaw.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Refile documents with the documentation indicating the actual dates that service was made. (ztd, ) (Entered: 12/18/2018)
2018-12-1811RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on 12/6/18 as to United States Patent and Trademark Office. (DeLaquil, Mark) Modified text on 12/18/2018 (ztd). (Entered: 12/18/2018)
2018-12-1812RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/9/2019. (DeLaquil, Mark) (Entered: 12/18/2018)
2018-12-1813RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/7/2018. (DeLaquil, Mark) (Entered: 12/18/2018)
2019-01-0814MOTION to Stay by UNITED STATES PATENT AND TRADEMARK OFFICE (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/08/2019)
2019-01-16MINUTE ORDER: Granting 14 Unopposed Motion to Stay. All deadlines are hereby STAYED. Defendant's counsel shall notify the court promptly after Congress has appropriated funds for the Justice Department. It is further ordered that all current deadlines for the parties shall be extended commensurate with the duration of the lapse in appropriations. Signed by Judge Tanya S. Chutkan on 1/16/19. (DJS) (Entered: 01/16/2019)
2019-02-0515NOTICE OF SUBSTITUTION OF COUNSEL by Jason Todd Cohen on behalf of UNITED STATES PATENT AND TRADEMARK OFFICE Substituting for attorney Doris Denise Coles-Huff (Cohen, Jason) (Entered: 02/05/2019)
2019-02-0516NOTICE of Restored Government Funding by UNITED STATES PATENT AND TRADEMARK OFFICE (Cohen, Jason) (Entered: 02/05/2019)
2019-02-1317ANSWER to Complaint by UNITED STATES PATENT AND TRADEMARK OFFICE.(Cohen, Jason) (Entered: 02/13/2019)
2019-02-14MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 3/14/19. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/14/19. (DJS) (Entered: 02/14/2019)
2019-02-14Set/Reset Deadlines: Joint Status Report due by 3/14/2019. (tb) (Entered: 02/14/2019)
2019-02-15Set/Reset Deadlines: Joint Status Report due by 3/14/2019. (tb) (Entered: 02/15/2019)
2019-03-1418Joint STATUS REPORT by GILBERT P. HYATT. (Attachments: # 1 Text of Proposed Order)(Grossman, Andrew) (Entered: 03/14/2019)
2019-04-03MINUTE ORDER: Having considered the parties' Joint Status Report 18 , it is hereby ordered that the parties shall adhere to the following briefing schedule: Plaintiff 's Motion for Summary Judgment due 4/10/19. Defendant's Opposition and Combined Cross-Motion for Summary Judgment due 5/10/19. Plaintiff 's Reply and Combined Opposition due 5/31/19. Defendant's Reply due 6/21/19. Signed by Judge Tanya S. Chutkan on 4/3/19. (DJS) (Entered: 04/03/2019)
2019-04-03Set/Reset Deadlines: Cross Motion due by 5/10/2019. Response to Cross Motion due by 5/31/2019. Reply to Cross Motion due by 6/21/2019. Summary Judgment motion due by 4/10/2019. Response to Motion for Summary Judgment due by 5/10/2019. Reply to Motion for Summary Judgment due by 5/31/2019. (tb) (Entered: 04/03/2019)
2019-04-1019MOTION for Summary Judgment by GILBERT P. HYATT (Attachments: # 1 Declaration, # 2 Statement of Facts, # 3 Text of Proposed Order)(DeLaquil, Mark) Modified on 4/10/2019 at counsel's request to seal the, motion, main document (ztd). (Entered: 04/10/2019)
2019-04-1020SEALED 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: 04/10/2019)
2019-04-1021REDACTED DOCUMENT- Summary Judgment Motion to 19 MOTION for Summary Judgment by GILBERT P. HYATT. (DeLaquil, Mark) (Entered: 04/10/2019)
2019-04-1122STRICKEN FROM THE RECORD PURSUANT TO MINUTE ORDER FILED ON 05/15/19.....SEALED DOCUMENT (ERRATA) filed by GILBERT P. HYATT re 20 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by GILBERT P. HYATT (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.)(DeLaquil, Mark) Modified to add "errata" on 4/11/2019 (ztd). Modified on 5/15/2019 (tb). (Entered: 04/11/2019)
2019-05-1023Cross MOTION for Summary Judgment by UNITED STATES PATENT AND TRADEMARK OFFICE (Attachments: # 1 Declaration of Louis J. Boston, Jr., Certifying Contents of the Administrative Record)(Cohen, Jason) (Entered: 05/10/2019)
2019-05-1024Memorandum in opposition to re 19 MOTION for Summary Judgment (duplicate of ECF No. 23) filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Declaration of Louis J. Boston, Jr., Certifying Contents of the Administrative Record)(Cohen, Jason) (Entered: 05/10/2019)
2019-05-15MINUTE ORDER: Plaintiff's Summary Judgment Exhibits, ECF No. 20-1, have been docketed in a manner that makes it difficult for the court to locate Exhibits in the submission that exceeds 1,000 pages. Therefore, by June 3, 2019, Plaintiff shall refile the Exhibits so that each Exhibit corresponds with a separate ECF entry (e.g., Ex. A as ECF No. 25-1, Ex. B as ECF No. 25-2, Ex. C as ECF No. 25-3). Additionally, after the Plaintiff's deadline for submitting its motion for summary judgment. the Plaintiff filed an "Errata" 22 , without leave of court and without any indication what the attached document is intended to replace in the filing at ECF No. 20 . Accordingly, the Errata 22 is hereby STRICKEN. Plaintiff may file a motion for leave to refile ECF No. 22 that explains the purpose of the Errata. Signed by Judge Tanya S. Chutkan on 5/15/19. (DJS) (Entered: 05/15/2019)
2019-05-20Set/Reset Deadlines: Plaintiff shall refile the Exhibits to [20-1] due by 6/3/2019. (tb) (Entered: 05/20/2019)
2019-05-2825SEALED MOTION filed by GILBERT P. HYATT re 20 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by GILBERT P. HYATT (This document is SEALED and only available to authorized persons.), 22 Sealed Document, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17)(DeLaquil, Mark) Modified text and event on 5/30/2019 (ztd). (Entered: 05/28/2019)
2019-05-3126REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by GILBERT P. HYATT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(DeLaquil, Mark) Modified text on 6/3/2019 (ztd). (Entered: 05/31/2019)
2019-05-3127Memorandum in opposition to re 23 Cross MOTION for Summary Judgment (duplicate of ECF No. 26) filed by GILBERT P. HYATT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(DeLaquil, Mark) (Entered: 05/31/2019)
2019-06-1328Unopposed MOTION for Extension of Time to File Brief by UNITED STATES PATENT AND TRADEMARK OFFICE (Cohen, Jason) (Entered: 06/13/2019)
2019-06-14MINUTE ORDER: Granting 28 Motion to Extend Deadlines. Defendant's reply in support of its cross-motion for summary judgment is due July 12, 2019. Signed by Judge Tanya S. Chutkan on 6/14/19. (DJS) (Entered: 06/14/2019)
2019-06-18Set/Reset Deadlines: Reply to Cross Motion due by 7/12/2019. (tb) (Entered: 06/18/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar