Hyatt v. United States Patent and Trademark Office et al, No. 1:2014cv01300 - Document 87 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 6/2/15. Order to follow(gwalk, )
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Hyatt v. United States Patent and Trademark Office et al Doc. 87 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division GILBERT P. HYATT, Plaintiff, Case No. I:14cvl300 V. UNITED STATES PATENT AND TRADEMARK OFFICE, et at.. Defendants. MEMORANDUM OPINION In this APA § 706(1)' suit, plaintiff, an engineer-inventor, seeks a declaration that the United States Patent and Trademark Office ("PTO") has unreasonably delayed final agency action on 80 of his 399 pending patent applications. The 80 patent applications that are the subject of this suit were originally filed with the PTO in the months prior to June 8, 1995. Now, twenty years later, the PTO has yet to take any final agency action granting or denying any of the 80 applications. Thus, plaintiff in this suit seeks (i) a declaration pursuant to the Declaratory Judgment Act, 28 U.S.C. §2201, that the PTO's action has been unreasonably delayed in violation of § 706(1) of the APA, and (ii) an injunction compelling the PTO to issue final action on his 80 patent applications. More specifically, plaintiff seeks an order (i) enjoining the PTO from reopening prosecution of his applications and (ii) compelling the PTO Appeal Board to render final decisions on these applications at a rate of at least one per month beginning three months from the date ofjudgment in this case. Defendants have moved to dismiss the action for lack of subject matter jurisdiction on the ground that the APA does not authorize judicial review in these circumstances because there is. ' Administrative Procedure Act ("APA"), 5 U.S.C. § 706(1). Dockets.Justia.com
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