Hyatt v. Hirshfeld, 9 F.4th 1372, 1374 (Fed. Cir. 2021), opinion modified and superseded on reh’g, 2020-2321, 2021 WL 4737737 (Fed. Cir. Oct. 12, 2021) [New Opinion]
Earlier this month, the Federal Circuit released a revised opinion in the most recent edition of Hyatt v. Hirshfeld. The opinion originally released in August 2021 denied the USPTO’s petition to recoup expert witness fees under the “all the expenses” provision of 35 U.S.C. 145. The original opinion called out Hyatt for “efforts to submarine his patent applications and receive lengthy patent terms.” Following that decision, Hyatt petitioned for rehearing, asking for removal of that language from the opinion. The PTO did not file a brief in opposition and the court released a modified opinion with the language removed. The redline below shows the change:
In the briefing, Hyatt explained that the statement was incorrect, unnecessary, unsupported, and prejudicial to his position on remand. The petition is a very good example of how to seek targeted relief from a panel for a narrow, but potentially important issue. [HyattRehearingPetition]"Opinion" - Google News
October 21, 2021 at 01:00PM
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Modified Opinion for Hyatt on Purposeful Submarining - Patently-O
"Opinion" - Google News
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