Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that Gilbert Hyatt, a prolific inventor who holds a number of patents with the U.S. Patent and Trademark Office, failed to show that the public interest in disclosure of the records he requested from USPTO through several FOIA requests outweighed the agency's decision to categorize him as commercial requester for fee purposes. Hyatt submitted a request asking for eight tranches of records related to his patent applications from various PTO offices, departments, and 70 PTO employees. The PTO classified Hyatt as a commercial user and estimated that the processing cost would be $3,029,782 for search, review, and duplication of the requested records. Hyatt expressed surprise at the cost and asked PTO how he could reasonably limit the scope of the request. After discussions with the agency, Hyatt narrowed the scope of one of the eight subparts significantly and withdrew the remaining seven subparts. He also challenged the PTO's commercial use classification, arguing that he planned to publish information about agency misconduct. In response, the agency again labeled him a commercial user and denied his fee waiver request, re-estimating his costs at $131,019. Hyatt appealed his designation as a commercial user and the fee waiver denial to the PTO General Counsel. The agency denied his appeal and Hyatt then filed suit. A court's review of a fee waiver decision is de novo but it may only rely on the administrative record. The requester bears the burden of proving that they are entitled to a fee waiver. PTO argued that the de novo standard used to review fee waiver decisions did not extend to an agency's decision on a requester's intended use and that the standard of review should instead be arbitrary and capacious. Chutkan decided that she did not need to address the issue because her decision would be the same regardless of the standard of review she used. Chutkan indicated that since the agency agreed that disclosure might shed light on government operations or activities, she moved to whether disclosure would contribute significantly to public understanding. Although Hyatt had explained what kinds of records he was seeking, Chutkan noted that "Hyatt neither states with reasonable specificity how these records would advance the public understanding of the PTO's operations, nor the extent to which the public would ne appraised of those operations.; instead, he simply states in conclusory fashion that the public would have an 'overwhelming interest in learning about the PTO's operations through the lens of his own claims." She explained that "certainly, as Hyatt argues, the public's interest in agency operations may be advanced when the information sought shed lights on unethical or illegal activity. But the link between the requested records and any alleged malfeasance must consist of more than 'bare allegations.'" She observed that "although the record should be liberally construed in favor of a requester, the court cannot identify, and Hyatt does not clarify, how the requested records would advance public understanding of potential malfeasance." Chutkan also found that Hyatt had failed to show how he could disseminate the information to merit a fee waiver. She noted that "the second factor [ability to disseminate] is not a high bar. The court should not question the believability of a requester's stated ability to disseminate material to a wide audience. Nor should the court impose some di minimis level of audience reach, whether through the number of outlets in which the information is published or the number of people reached. But the requester must produce at least some information 'demonstrating its ability to disseminate the disclosures.'" She concluded that "Hyatt has not shown how the requested records would advance the public understanding of government operations." Chutkan indicated that the agency had failed to support its decision to classify Hyatt as a commercial user, primarily because he frequently litigated against the agency in an attempt to have his patents approved. But Chutkan pointed out that "while it is true that Hyatt's many lawsuits against the PTO seek to advance his commercial interest in getting his patents issued, the PTO has not offered any support for its conclusion. Not all litigation derived from FOIA requests is for commercial benefit. Consequently, the administrative record is insufficiently developed for the court to properly review PTO's fee classification decision." She remanded the issue back to the agency to further develop the record or take new action.
Issues: Fee Category - Commercial

Date Filed	Doc #	Docket Text
2018-11-30	1	COMPLAINT 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)
2018-11-30		Case Assigned to Judge Tanya S. Chutkan. (zef, ) (Entered: 12/03/2018)
2018-12-03	2	Payment for 1 Complaint,,. ($400; Receipt number 0090-5818591). (DeLaquil, Mark) (Entered: 12/03/2018)
2018-12-03	3	SUMMONS (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)
2018-12-03	4	SEALED 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)
2018-12-03	5	MOTION 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)
2018-12-03		MINUTE 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)
2018-12-04		MINUTE 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)
2018-12-13	6	ENTERED 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)
2018-12-13	7	ENTERED 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)
2018-12-13	8	ENTERED 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)
2018-12-13	9	NOTICE of Appearance by Andrew M. Grossman on behalf of GILBERT P. HYATT (Grossman, Andrew) (Entered: 12/13/2018)
2018-12-13	10	CERTIFICATE OF SERVICE by GILBERT P. HYATT re 1 Complaint,,. (Attachments: # 1 Certificate of Service, # 2 Certificate of Service)(ztd) (Entered: 12/18/2018)
2018-12-18		NOTICE 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)
2018-12-18		NOTICE 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)
2018-12-18		NOTICE 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)
2018-12-18	11	RETURN 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)
2018-12-18	12	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) (Entered: 12/18/2018)
2018-12-18	13	RETURN 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)
2019-01-08	14	MOTION to Stay by UNITED STATES PATENT AND TRADEMARK OFFICE (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/08/2019)
2019-01-16		MINUTE 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)
2019-02-05	15	NOTICE 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)
2019-02-05	16	NOTICE of Restored Government Funding by UNITED STATES PATENT AND TRADEMARK OFFICE (Cohen, Jason) (Entered: 02/05/2019)
2019-02-13	17	ANSWER to Complaint by UNITED STATES PATENT AND TRADEMARK OFFICE.(Cohen, Jason) (Entered: 02/13/2019)
2019-02-14		MINUTE 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)
2019-02-14		Set/Reset Deadlines: Joint Status Report due by 3/14/2019. (tb) (Entered: 02/14/2019)
2019-02-15		Set/Reset Deadlines: Joint Status Report due by 3/14/2019. (tb) (Entered: 02/15/2019)
2019-03-14	18	Joint STATUS REPORT by GILBERT P. HYATT. (Attachments: # 1 Text of Proposed Order)(Grossman, Andrew) (Entered: 03/14/2019)
2019-04-03		MINUTE 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)
2019-04-03		Set/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)
2019-04-10	19	MOTION 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)
2019-04-10	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.) (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(DeLaquil, Mark) (Entered: 04/10/2019)
2019-04-10	21	REDACTED DOCUMENT- Summary Judgment Motion to 19 MOTION for Summary Judgment by GILBERT P. HYATT. (DeLaquil, Mark) (Entered: 04/10/2019)
2019-04-11	22	STRICKEN 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)
2019-05-10	23	Cross 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)
2019-05-10	24	Memorandum 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)
2019-05-15		MINUTE 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)
2019-05-20		Set/Reset Deadlines: Plaintiff shall refile the Exhibits to [20-1] due by 6/3/2019. (tb) (Entered: 05/20/2019)
2019-05-28	25	SEALED 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)
2019-05-31	26	REPLY 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)
2019-05-31	27	Memorandum 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)
2019-06-13	28	Unopposed MOTION for Extension of Time to File Brief by UNITED STATES PATENT AND TRADEMARK OFFICE (Cohen, Jason) (Entered: 06/13/2019)
2019-06-14		MINUTE 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)
2019-06-18		Set/Reset Deadlines: Reply to Cross Motion due by 7/12/2019. (tb) (Entered: 06/18/2019)
2019-07-12	29	REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment filed by UNITED STATES PATENT AND TRADEMARK OFFICE. (Cohen, Jason) (Entered: 07/12/2019)
2019-11-29	30	NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of UNITED STATES PATENT AND TRADEMARK OFFICE Substituting for attorney Jason Cohen (Tepe, Sean) (Entered: 11/29/2019)
2020-07-13	31	ENTERED IN ERROR. . . . .NOTICE by GILBERT P. HYATT (DeLaquil, Mark) Modified on 7/14/2020 (ztd). (Entered: 07/13/2020)
2020-07-14		NOTICE OF ERROR re 31 Notice (Other); emailed to mdelaquil@bakerlaw.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. See Local Rule 5.1(a) and (d) regarding correspondence and form of filing. (ztd, ) (Entered: 07/14/2020)
2020-07-14	32	NOTICE by GILBERT P. HYATT (DeLaquil, Mark) (Entered: 07/14/2020)
2021-07-28	33	MOTION for Order re 23 Cross MOTION for Summary Judgment , 19 MOTION for Summary Judgment by GILBERT P. HYATT. (Attachments: # 1 Text of Proposed Order)(DeLaquil, Mark) (Entered: 07/28/2021)
2022-05-25	34	PER CURIAM ORDER of USCA re Petition for Writ of Mandamus; USCA Case Number 22-5054. (znmw) (Entered: 05/25/2022)
2022-05-27	35	MEMORANDUM OPINION re: 19 Motion for Summary Judgment ; 23 Cross-Motion for Summary Judgment ; 20 Motion for Leave to File Documents Under Seal ; 25 Motion for Leave to File Documents Under Seal ; and 33 Motion for an Order . Signed by Judge Tanya S. Chutkan on 5/27/2022. (lcac) (Entered: 05/27/2022)
2022-05-27	36	ORDER DENYING 19 Motion for Summary Judgment ; PARTIALLY GRANTING and PARTIALLY DENYING 23 Cross-Motion for Summary Judgment ; Hyatts fee categorization decision is REMANDED to the PTO for further findings; GRANTING 25 Motion for Leave to File Documents Under Seal ; DENYING as moot 20 Motion for Leave to File Documents Under Seal ; and DENYING as moot 33 Motion for an Order . Signed by Judge Tanya S. Chutkan on 5/27/2022. (lcac) Modified on 8/7/2022 (DJS). (Entered: 05/27/2022)
2022-06-09	37	ORDER of USCA (certified copy) as to 34 USCA Order ; USCA Case Number 22-5054. (znmw) (Entered: 06/09/2022)
2022-08-07		MINUTE ORDER: In light of the court's 5/27/22 Order 36 remanding issues for further PTO findings, the Clerk of the Court is hereby directed to ADMINISTRATIVELY Close this case. Upon resolution of the proceedings on remand, the parties may file a motion to return this case to the court's active docket. Any such motion shall contain a proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 8/7/22. (DJS) (Entered: 08/07/2022)
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