Hyatt v. Squires

What the complaint alleges

Gilbert P. Hyatt sued John A. Squires, Director of the USPTO, in the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. § 145 to obtain a patent on his ’194 application after the Patent Trial and Appeal Board affirmed rejections. Hyatt alleges that the PTO engaged in a decades-long campaign of bad-faith conduct, including placing his applications in the SAWS program, delaying examination, and issuing erroneous rejections on grounds including lack of written description, prosecution laches, and undue multiplicity. He seeks a decree that he is entitled to a patent on the subject claims.

Claims asserted

• 35 U.S.C. § 145 - action to obtain patent
• pre-AIA 35 U.S.C. § 112, first paragraph - written description
• pre-AIA 35 U.S.C. § 112, second paragraph - undue multiplicity
• prosecution laches (equitable doctrine)