Hyatt v. Dudas

District of Columbia, dcd-1:2003-cv-00108

ORDER DENYING {{35}} MOTION for Summary Judgment filed by JAMES E. ROGAN, GRANTING IN PART & DENYING IN PART {{33}} MOTION for Summary Judgment filed by GILBERT P. HYATT, and REMANDING this case to the PTO. Signed by Judge Emmet G. Sullivan on October 13, 2005. (lcegs2)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______________________________) GILBERT HYATT)) Plaintiff) v.) Civ. Action No. 03-108 (EGS)) JON W. DUDAS,) Director of the United States) Patent & Trademark Office)) Defendant.) ______________________________) ORDER Pursuant to Federal Rule of Civil Procedure 58 and for the reasons stated by the Court in its Memorandum Opinion docketed this same day, it is this 13th day of October, 2005, hereby ORDERED that defendant's Motion for Summary Judgment is DENIED; plaintiff's Motion for Summary Judgment is GRANTED IN PART with respect to the adequacy of the PTO's prima facie case and DENIED IN PART with respect to the relief requested; and this case is REMANDED to the PTO for further proceedings consistent with the Memorandum Opinion. Signed: Emmet G. Sullivan United States District Judge October 13, 2005