No. 21-1526
Gilbert P. Hyatt v. United States Patent and Trademark Office, et al.
Tags: administrative-law administrative-procedure-act agency-action civil-procedure federal-circuit judicial-review mandamus-standard patent patent-office-rule standing summary-judgment
Key Terms:
AdministrativeLaw Securities Patent Trademark
AdministrativeLaw Securities Patent Trademark
Latest Conference:
2022-09-28
(distributed 2 times)
Question Presented (from Petition)
1. Whether the ordinary summary judgment
standard of Rule 56 applies to review of agency action,
as held by the First, Fifth, Ninth, and District of Co-
lumbia Circuits.
2. Whether the mandamus standard of Norton v.
S. Utah Wilderness Alliance, 542 U.S. 55 (2004), applies
to claims seeking to set aside agency action under 5
U.S.C. § 706(2).
Question Presented (AI Summary)
Whether the ordinary summary judgment standard of Rule 56 applies to review of agency action
Docket Entries
2022-10-03
Petition DENIED.
2022-07-06
DISTRIBUTED for Conference of 9/28/2022.
2022-07-01
Waiver of right of respondent United States Patent and Trademark Office, et al. to respond filed.
2022-06-06
Motion (21M123) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2022-05-17
MOTION (21M123) DISTRIBUTED for Conference of 6/2/2022.
2022-04-25
Motion (21M123) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-04-25
Petition for a writ of certiorari filed. (Response due July 6, 2022)
Attorneys
Gilbert P. Hyatt
Erwin Chemerinsky — Petitioner
United States Patent and Trademark Office, et al.
Elizabeth B. Prelogar — Solicitor General, Respondent