2018-2259 - Marcus Escobosa et al. v. United States Patent & Trademark OfficeReport Error
Detail
Case Number
2018-2259Current Status
closedCause of Action
N/ARelated Case(s)
N/ACourt
Court of Appeals for the Federal CircuitPlaintiff(s)
Marcus Escobosa
James N. Conway, JR.
Patrick H. Hayes
Defendant(s)
United States Patent & Trademark Office
Judge
Carl W. WhiteheadELENI MANTIS MERCADERPhillip A. BennettFiling Date
2018-08-16Termination Date
2020-02-06Dockets
| Text |
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| Final Civil Docket 02-06-2020 |
| Initial Civil Docket 08-16-2018 |
| This entry was made in error and has been removed from the docket. OVERDUE NOTICE to counsel for Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes: The record of this case indicates that the Certificate of Interest has not been filed. Please file Certificate of Interest promptly. Service as of this date by the Clerk of Court. [552444]--[Edited 09/26/2018 by CAB; Appellants certificate of interest has been filed.] [JB] [Entered: 09/25/2018 02:21 PM] |
| **TEXT ONLY** ORDER granting motion to extend time to file brief [13] filed by Appellants Patrick H. Hayes, Marcus Escobosa and James N. Conway, Jr. Brief is due 01/25/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [565793] [JB] [Entered: 11/16/2018 11:42 AM] |
| CLERKS OFFICE QUALITY CONTROL MESSAGE: re: motion to extend time to file brief [13], ERROR: motion did not contain a certificate of compliance pursuant to FRAP 32(g)(1). CORRECTION: All motions require a certificate of compliance with the word count. Please ensure future motions contain this requirement. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [565796] [JB] [Entered: 11/16/2018 11:44 AM] |
| **TEXT ONLY** ORDER granting motion to extend time to file brief [29] filed by Appellee Iancu. Appellees response brief is due 05/08/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [596640] [JAL] [Entered: 03/29/2019 04:40 PM] |
| **TEXT ONLY** ORDER granting motion to extend time to file brief [32] filed by Appellee Iancu. Appellees response brief is due 06/05/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [604091] [JAL] [Entered: 04/30/2019 02:14 PM] |
| **TEXT ONLY** ORDER granting motion to extend time to file brief [36] filed by Appellants Patrick H. Hayes, Marcus Escobosa, and James N. Conway, Jr. Appellants reply brief is due 07/26/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [615366] [JAL] [Entered: 06/19/2019 09:12 AM] |
| Notice to counsel: The record of this case indicates that the Certificate of Compliance with Fed. Cir. R. 17(f) has not been filed. IF any portion of the record in the trial agency is subject to a protective order, counsel should promptly file the appropriate Certificate of Compliance using the Cert of Compliance - Protective Order event. Service as of this date by the Clerk of Court. [625675] [JAL] [Entered: 08/02/2019 12:43 PM] |
| Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [625678] [JAL] [Entered: 08/02/2019 12:45 PM] |
| 6 paper copies of the Corrected Opening Brief [25] received from Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes. [625999] [CJF] [Entered: 08/05/2019 01:34 PM] |
| 6 paper copies of the Reply Brief [38] received from Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes. [626000] [CJF] [Entered: 08/05/2019 01:35 PM] |
| 6 paper copies of the Joint Appendix Brief [39] received from Appellants James N. Conway, Jr., Marcus Escobosa, Patrick H. Hayes and Appellee Iancu. [626001] [CJF] [Entered: 08/05/2019 01:36 PM] |
| 6 paper copies of the Opening Response Brief [35] received from Appellee Iancu. [626242] [CJF] [Entered: 08/06/2019 11:12 AM] |
| The following conflict dates submitted by Attorney Maureen Donovan Queler for Appellee Iancu have been accepted by the court: 10/04/2019, 11/04/2019, 11/05/2019, 11/06/2019, 12/02/2019, 01/09/2020, 01/10/2020. [626732] [JAB] [Entered: 08/07/2019 03:37 PM] |
| The following conflict dates submitted by Attorney James J. Lukas, Jr. for Appellants Patrick H. Hayes, Marcus Escobosa and James N. Conway, Jr. have been accepted by the court: 01/06/2020, 01/07/2020, 01/08/2020, 01/09/2020, 01/10/2020. [627274] [JAB] [Entered: 08/09/2019 12:54 PM] |
| Clerks Note to the File: The oral argument scheduled before Panel C+ on February 3, 2020, will now be held in Courtroom 201. [657817] [MJL] [Entered: 12/19/2019 01:01 PM] |
| Submitted after ORAL ARGUMENT by Mr. James J. Lukas, Jr. for Patrick H. Hayes, Marcus Escobosa and James N. Conway, Jr. and Ms. Maureen Donovan Queler for Iancu. Panel: Judge: Prost , Judge: Mayer , Judge: Lourie. [667867] [JCP] [Entered: 02/03/2020 10:51 AM] |
| Appeal docketed. Received: 08/14/2018. [543353] Entry of Appearance due 08/30/2018. Certificate of Interest is due on 08/30/2018. Docketing Statement due 09/17/2018. Certified List due on 09/25/2018. [JB] [Entered: 08/16/2018 11:07 AM] |
| Entry of appearance for James J. Lukas, Jr. as principal counsel for Appellants Marcus Escobosa, Patrick H. Hayes and James N. Conway, Jr.. Service: 08/28/2018 by email. [545795] [18-2259] [James Lukas] [Entered: 08/28/2018 10:39 AM] |
| Certificate of Interest for the Appellants James N. Conway, Jr., Marcus Escobosa, and Patrick H. Hayes. Service: 08/28/2018 by email. [545798] [18-2259]--[Edited 09/05/2018 by CAB to correct party filers] [James Lukas] [Entered: 08/28/2018 10:42 AM] |
| Entry of appearance for Gary R. Jarosik as of counsel for Appellants James N. Conway, Jr., Marcus Escobosa, and Patrick H. Hayes. Service: 08/28/2018 by email. [545800] [18-2259] --[Edited 09/05/2018 by CAB to add party filers] [Gary Jarosik] [Entered: 08/28/2018 11:05 AM] |
| Entry of appearance for Benjamin P. Gilford as of counsel for Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes. Service: 08/28/2018 by email. [545804] [18-2259] [Benjamin Gilford] [Entered: 08/28/2018 11:31 AM] |
| Entry of appearance for Amy J. Nelson as principal counsel for Appellee Iancu. Service: 08/30/2018 by email. [546368] [18-2259] [Amy Nelson] [Entered: 08/30/2018 11:17 AM] |
| Entry of appearance for Thomas W. Krause as of counsel for Appellee Iancu. Service: 08/30/2018 by email. [546535] [18-2259] [Thomas Krause] [Entered: 08/30/2018 04:32 PM] |
| Entry of appearance for Joseph Matal as of counsel for Appellee Iancu. Service: 08/30/2018 by email. [546540] [18-2259] [Joseph Matal] [Entered: 08/30/2018 04:51 PM] |
| Docketing Statement for the Appellee Iancu. Service: 09/17/2018 by email. [550177] [18-2259] [Amy Nelson] [Entered: 09/17/2018 09:57 AM] |
| Docketing Statement for the Appellants Marcus Escobosa, James N. Conway, Jr. and Patrick H. Hayes. Service: 09/17/2018 by email. [550356] [18-2259] [James Lukas] [Entered: 09/17/2018 02:28 PM] |
| Certified list from the United States Patent and Trademark Office. Service: 09/25/2018 by email. Appellant/Petitioners brief is due 11/26/2018. [552441] [JB] [Entered: 09/25/2018 02:19 PM] |
| MOTION of Appellants Marcus Escobosa, Patrick H. Hayes and James N. Conway, Jr. to extend the time to 01/25/2019 to file the Appellants Opening Brief. [Consent: unopposed]. Service: 11/14/2018 by email. [564795] [18-2259] [James Lukas] [Entered: 11/14/2018 11:47 AM] |
| Notice from United States Patent and Trademark Office: Thomas Krause Appointed USPTO Deputy General Counsel and Solicitor. Service: 01/17/2019 by clerk. [579026] [17-2122, 18-1959, 18-2259, 19-1011, 19-1073, 19-1074, 19-1162, 19-1177, 19-1178, 19-1193, 19-1214, 19-1252, 19-1253] [JAL] [Entered: 01/17/2019 03:06 PM] |
| MOTION of Appellants Marcus Escobosa, Patrick H. Hayes, James N. Conway, Jr. and Appellee Iancu for limited remand [Consent: unopposed]. Service: 01/18/2019 by email. [579263] [18-2259] [James Lukas] [Entered: 01/18/2019 10:49 AM] |
| MOTION of Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes to extend the time to 02/25/2019 to file the Appellants opening brief. [Consent: unopposed]. Service: 01/18/2019 by email. [579267] [18-2259] [James Lukas] [Entered: 01/18/2019 10:56 AM] |
| ORDER filed. The motion [18] is granted. Appellants brief is due no later than February 25, 2019. Service: 01/24/2019 by clerk. [580728] [LMS] [Entered: 01/24/2019 04:01 PM] |
| ORDER filed. The motion for a limited remand [17] is granted. This court retains jurisdiction over this appeal. The parties are directed to inform the court promptly after the USPTO acts on the terminal disclaimer and/or the double-patenting rejection. (Per Curiam). Service: 01/30/2019 by clerk. [582097] [LMS] [Entered: 01/30/2019 01:43 PM] |
| Notice from Appellants Patrick H. Hayes, Marcus Escobosa and James N. Conway, Jr. Joint Notice Following Limited Remand. Service: 02/20/2019 by email. [587519] [18-2259] [James Lukas] [Entered: 02/20/2019 04:44 PM] |
| ORDER filed. The stay is lifted. Appellants’ opening brief is due no later than February 25, 2019. Service: 02/25/2019 by clerk. [588375] [NL] [Entered: 02/25/2019 01:31 PM] |
| FILED from Appellants Marcus Escobosa, James N. Conway, Jr. and Patrick H. Hayes. Title: OPENING BRIEF. Service: 02/25/2019 by email. [588502] [18-2259] This document is non-compliant. See Doc No.[24] [James Lukas] [Entered: 02/25/2019 05:25 PM] |
| NOTICE OF NON-COMPLIANCE: The submission of Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes, Opening Brief [23], is not in compliance with the rules of this court (see attached). Compliant document due on 03/05/2019. Service as of this date by the Clerk of Court.[588562] [JAL] [Entered: 02/26/2019 09:15 AM] |
| FILED from Appellants Marcus Escobosa, Patrick H. Hayes and James N. Conway, Jr.. Title: CORRECTED OPENING BRIEF. Service: 02/26/2019 by email. [588634] [18-2259] This document is non-compliant. See Doc No.[26] [James Lukas] [Entered: 02/26/2019 10:51 AM] |
| NOTICE OF NON-COMPLIANCE: The submission of Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes, Corrected Opening Brief [25], is not in compliance with the rules of this court (see attached). Compliant document due on 03/05/2019. Service as of this date by the Clerk of Court.[588643] [JAL] [Entered: 02/26/2019 11:05 AM] |
| MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes. Number of Pages: 29. Service: 02/26/2019 by email. [588688] --[Edited 02/26/2019 by JAL - Compliance review complete] [James Lukas] [Entered: 02/26/2019 11:41 AM] |
| Notice from Director of the United States Patent and Trademark Office of Replacement of Acting Deputy Solicitor. Service: 03/25/2019 by clerk. [595300] [18-1167, 18-1171, 18-1443, 18-1461, 18-1730, 18-1895, 18-2259, 18-2311, 19-1011, 19-1062, 19-1383, 19-1117, 19-1252, 19-1326, 19-1382, 19-1453, 19-1520, 19-1521, 18-1958, 18-1968, 18-2013, 18-2106, 18-2236, 18-2354, 18-2355, 18-2390, 19-1074, 19-1127] [TAR] [Entered: 03/25/2019 03:40 PM] |
| MOTION of Appellee Iancu to extend the time to 05/08/2019 to file the Directors Brief. [Consent: unopposed]. Service: 03/28/2019 by email. [596238] [18-2259] [Amy Nelson] [Entered: 03/28/2019 01:38 PM] |
| Entry of appearance for Maureen D. Queler as principal counsel for Appellee Iancu. Service: 04/23/2019 by email. [602382] [18-2259] [Maureen Queler] [Entered: 04/23/2019 05:04 PM] |
| MOTION of Appellee Iancu to extend the time to 06/05/2019 to file the Directors Appellee Brief. [Consent: unopposed]. Service: 04/30/2019 by email. [604068] [18-2259] [Maureen Queler] [Entered: 04/30/2019 01:47 PM] |
| Entry of appearance for Robert J. McManus as of counsel for Appellee Iancu. Service: 06/05/2019 by email. [611701] [18-2259] [Robert McManus] [Entered: 06/05/2019 12:33 PM] |
| MODIFIED ENTRY: RESPONSE BRIEF FILED for Appellee Iancu. Number of Pages: 29. Service: 06/05/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [611764] --[Edited 06/06/2019 by JAL - Compliance review complete] [Maureen Queler] [Entered: 06/05/2019 02:32 PM] |
| MOTION of Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes to extend the time to 07/26/2019 to file the Appellants reply brief. [Consent: unopposed]. Service: 06/18/2019 by clerk. [615266] [18-2259] [Benjamin Gilford] [Entered: 06/18/2019 05:04 PM] |
| MODIFIED ENTRY: REPLY BRIEF FILED for Appellants James N. Conway, Jr., Marcus Escobosa, and Patrick H. Hayes. Number of Pages: 14. Service: 07/26/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [623873] --[Edited 07/30/2019 by JAL - Compliance review complete] [James Lukas] [Entered: 07/26/2019 07:38 PM] |
| MODIFIED ENTRY: JOINT APPENDIX FILED for Appellants James N. Conway, Jr., Marcus Escobosa, and Patrick H. Hayes and Appellee Iancu. Number of Pages: 427. Service: 08/02/2019 by email. [625635] --[Edited 08/02/2019 by JAL - Compliance review complete] [James Lukas] [Entered: 08/02/2019 11:08 AM] |
| Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [625679] [JAL] [Entered: 08/02/2019 12:45 PM] |
| Notice from Appellee Iancu regarding conflicts with oral argument. Service: 08/07/2019 by email. [626720] [18-2259] [Maureen Queler] [Entered: 08/07/2019 03:15 PM] |
| Notice from Appellants James N. Conway, Jr., Marcus Escobosa and Patrick H. Hayes regarding conflicts with oral argument. None. Service: 08/09/2019 by email. [627257] [18-2259] [James Lukas] [Entered: 08/09/2019 12:04 PM] |
| NOTICE OF ORAL ARGUMENT. Panel: 2002C+. Case scheduled February 3, 2020 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 203. Response to Notice of Oral Argument due: 01/15/2020. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. [657253]--[Edited 12/19/2019 by MJL - the argument will be held in Courtroom 201. See Doc. No. [52]. [MJL] [Entered: 12/17/2019 04:33 PM] |
| Response to notice of oral argument from the Appellants Patrick H. Hayes, Marcus Escobosa and James N. Conway, Jr.. [662612] [18-2259] [James Lukas] [Entered: 01/13/2020 03:51 PM] |
| Response to notice of oral argument from the Appellee Iancu. [662650] [18-2259] [Maureen Queler] [Entered: 01/13/2020 04:51 PM] |
| JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [668834] [JAB] [Entered: 02/06/2020 09:21 AM] |
| Bill of Costs for Appellee Iancu. Service: 02/20/2020 by email. [672930] [18-2259] [Maureen Queler] [Entered: 02/20/2020 04:08 PM] |
| Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [682869] [JAB] [Entered: 03/30/2020 05:51 PM] |
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