Attorney: PTO “has no response to our overwhelming evidence of its bad faith” against inventor

Legal trade publication Law360 covers inventor Gilbert Hyatt’s suit against the PTO challenging its decision to never issue him another patent.  As the article reports, the PTO recent filed its motion to dismiss the lawsuit, but the PTO motion has no response to Mr. Hyatt’s central claim in the suit:

Hyatt’s attorney, Andrew Grossman of Baker & Hostetler LLP, said Monday that the USPTO’s motion simply ignores the complaint’s allegations that the office has unfairly put Hyatt’s applications in “bureaucratic purgatory.”

“The fundamental issue in this case is that the PTO has decided never to issue another patent to Mr. Hyatt ever again, no matter his entitlement to one, no matter his constitutional due process rights, no matter the merits of his inventions,” he said. “It’s bizarre that the PTO’s motion to dismiss has nothing to say about that fundamental claim. It just has no response to our overwhelming evidence of its bad faith.”

The USPTO is wrong to say that judicial review is unavailable in this situation, Grossman said, because “when agency processes run off the rails, the courts exist to put them back on track.”

Read the full article here.