DCT
1:25-cv-00301
Hyatt v. Stewart
Key Events
Complaint
Table of Contents
complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Gilbert P. Hyatt (Nevada)
- Defendant: Coke Morgan Stewart, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office
- Plaintiff’s Counsel: Baker & Hostetler LLP
- Case Identification: 1:25-cv-00301, E.D. Va., 02/17/2025
- Venue Allegations: Venue is asserted under statutes governing civil actions to obtain a patent and actions against federal agencies.
- Core Dispute: Plaintiff seeks a court order compelling the U.S. Patent and Trademark Office to issue a patent on an application that was rejected by the Patent Trial and Appeal Board.
- Technical Context: The patent application at issue relates to technology for operating process control systems via operator interaction with displayed stereoscopic 3D perspective images.
- Key Procedural History: The complaint details a prosecution history for the '152 Application spanning several decades. It alleges that the USPTO subjected the application to extraordinary procedural measures, including placement in the "Sensitive Application Warning System" (SAWS) and multiple lengthy suspensions of examination. This civil action follows a December 2024 decision by the Patent Trial and Appeal Board affirming an examiner's rejections of the application's claims.
Case Timeline
| Date | Event |
|---|---|
| 1983-06-15 | Priority date (filing of parent application 06/504,691) |
| 1995-06-05 | '152 Application filed |
| 1995-09 | PTO issues final office action rejecting all claims |
| 2007-05-11 | PTO suspends prosecution (first of six listed suspensions) |
| 2008-03-17 | PTO suspends prosecution |
| 2008-12-30 | PTO suspends prosecution |
| 2009-09-24 | PTO suspends prosecution |
| 2010-04-19 | PTO suspends prosecution |
| 2011-09-23 | PTO suspends prosecution |
| 2013-10 | PTO sends "Requirement" action |
| 2015-05 | PTO issues non-final office action rejecting all claims |
| 2016-05 | PTO issues final office action rejecting all claims |
| 2019-03 | PTO issues non-final office action rejecting all claims |
| 2019-11 | PTO issues final office action rejecting all claims |
| 2024-12-18 | PTAB issues decision affirming rejections |
| 2025-02-17 | Complaint filed in District Court |
No probative visual evidence provided in complaint.
Analysis metadata