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Court Dockets
U.S. Court of Appeals for the Federal Circuit
Docket for Case #: 21-2347
Docket for Case #: 21-2347
Thaler v. Vidal
DOCKET INFORMATION
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| Defendant - Appellee |
ANDREW HIRSHFELD, Acting Deputy Under Secretary of Commerce for Intellectual Property
and Acting Deputy Director of the United States Patent and Trademark Office
Defendant - Appellee
| |
| Amicus Curiae |
MITCHELL APPER
Amicus Curiae
|
| |
| Representation | |||
| Mitchell Apper, - Sukkat Shalom 1/15 Jerusalem Personal: (+972) 58-659-7088 [NTC Pro Se] | |||
| Entry | Filed | Description | |
|---|---|---|---|
| BL-1 | Sep 24, 2021 | View | Appeal docketed. Received: 09/21/2021. [801546]<br>Entry of Appearance is due on 10/08/2021. Certificate of Interest is due on 10/08/2021. Docketing Statement is due on 10/08/2021. Appellant's brief is due on 11/23/2021. [JCW] |
| BL-2 | Sep 27, 2021 | Request | Transcript Purchase Order Form for the Appellant Stephen Thaler indicating that a request is made to the reporter for a transcript. Service: 09/27/2021 by email. [802044] [21-2347] [Ryan Abbott] |
| BL-3 | Sep 30, 2021 | Request | Entry of appearance for Ryan B. Abbott as counsel for Appellant Stephen Thaler. Service: 09/30/2021 by email. [802978] [21-2347] [Ryan Abbott] |
| BL-4 | Sep 30, 2021 | View | Docketing Statement for the Appellant Stephen Thaler. Service: 09/30/2021 by email. [802979] [21-2347] [Ryan Abbott] |
| BL-5 | Sep 30, 2021 | Request | Certificate of Interest for Appellant Stephen Thaler. Service: 09/30/2021 by email. [802980] [21-2347] [Ryan Abbott] |
| BL-6 | Oct 6, 2021 | Request | Entry of appearance for Dennis C. Barghaan, Jr. as counsel for Appellees Andrew Hirshfeld and PTO. Service: 10/06/2021 by email. [804087] [21-2347] [Dennis Barghaan] |
| BL-7 | Oct 6, 2021 | Request | Docketing Statement for the Appellees Andrew Hirshfeld and PTO. Service: 10/06/2021 by email. [804090] [21-2347] [Dennis Barghaan] |
| BL-8 | Nov 2, 2021 | Request | Transcript Purchase Order Form for the Appellant Stephen Thaler indicating that a request is made to the reporter for a transcript. Service: 11/02/2021 by clerk. [809649] [JCP] |
| BL-9 | Nov 17, 2021 | Request | MODIFIED ENTRY: MOTION of Mitchell Apper for leave to file an amicus curiae brief. Service: 11/17/2021 by clerk. [812951]--[Edited 11/19/2021 by EKD] [JCP] |
| BL-10 | Nov 17, 2021 | Request | MODIFIED ENTRY: MOTION of Mitchell Apper to waive brief requirement. Service: 11/17/2021 by clerk. [812953]--[Edited 11/19/2021 by EKD] [JCP] |
| BL-11 | Nov 17, 2021 | Request | MODIFIED ENTRY: MOTION of Mitchell Apper for leave to file papers electronically. Service: 11/17/2021 by clerk. [812954]--[Edited 11/19/2021 by EKD] [JCP] |
| BL-12 | Nov 17, 2021 | View | MODIFIED ENTRY: AMICUS CURIAE BRIEF FILED by Mitchell Apper. Service: 11/17/2021 by clerk. [JCP] |
| BL-13 | Nov 19, 2021 | Request | ORDER filed. Any opposition to the motions shall be filed no later than seven days from the date of issuance of this order. Any reply is due no later than three days from the filing of any response. Within seven days of the date of filing of this order, Mr. Apper is directed to complete Federal Circuit Form 8B (attached). The Clerk of Court shall serve this order on Mr. Appers provided email address. Service as of this date by the Clerk of Court. [813799] [NL] |
| BL-14 | Nov 22, 2021 | Request | Notice of Unrepresented Person Appearance and consent to Electronic Filing for Movant Mitchell Apper. Service: 11/22/2021 by clerk. [813966] [JCP] |
| BL-15 | Nov 23, 2021 | View | APPENDIX FILED by Appellant Stephen Thaler. Service: 11/23/2021 by email. [Ryan Abbott] |
| BL-16 | Nov 24, 2021 | Request | NOTICE OF NON-COMPLIANCE: The submission of Appellant Stephen Thaler, Appendix , is not in compliance with the rules of this court (see attached). Compliant document is due on 12/03/2021. Service as of this date by the Clerk of Court. [814817] [EKD] |
| BL-17 | Nov 25, 2021 | Request | MOTION of Appellant Stephen Thaler to extend the time to 11/24/2021 to file brief. Service: 11/24/2021 by email. [814881] [21-2347] [Ryan Abbott] |
| BL-18 | Dec 1, 2021 | Request | ORDER granting motion to the extent that a corrected opening brief, addressing the deficiencies noted above, is due no later than seven days from the date of filing of this order. Service as of this date by the Clerk of Court. [815650] [LMS] |
| BL-19 | Dec 3, 2021 | Request | Entry of appearance for Ryan B. Abbott as counsel for Appellant Stephen Thaler. Service: 12/03/2021 by email. [816243] [21-2347] [Ryan Abbott] |
| BL-20 | Dec 3, 2021 | Request | MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant Stephen Thaler. Service: 12/03/2021 by email. [816248] --[Edited 12/09/2021 by EKD - compliance review complete] [Ryan Abbott] |
| BL-21 | Dec 3, 2021 | View | CORRECTED APPENDIX FILED by Appellant Stephen Thaler. Service: 12/03/2021 by email. [Ryan Abbott] |
| BL-22 | Dec 8, 2021 | Request | Notice from Appellant Stephen Thaler Notice of Duplicate Filing. Service: 12/08/2021 by email. [817311] [21-2347] [Ryan Abbott] |
| BL-23 | Dec 8, 2021 | View | CORRECTED OPENING BRIEF FILED by Appellant Stephen Thaler. Service: 12/08/2021 by email. [Ryan Abbott] |
| BL-24 | Dec 8, 2021 | Request | Notice of Correction to Doc No. for Appellant Stephen Thaler. Service: 12/08/2021 by email. [817319] [21-2347] [Ryan Abbott] |
| BL-25 | Dec 9, 2021 | View | NOTICE OF NON-COMPLIANCE: The submission of Appellant Stephen Thaler, Corrected Opening Brief , is not in compliance with the rules of this court (see attached). Compliant document is due on 12/16/2021. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [817536] [EKD] |
| BL-26 | Dec 9, 2021 | View | MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant Stephen Thaler. Service: 12/09/2021 by email. [817587] --[Edited 12/10/2021 by EKD - compliance review complete] [Ryan Abbott] |
| BL-27 | Dec 16, 2021 | Request | MOTION of Appellees PTO and Andrew Hirshfeld to extend the time to 02/03/2022 to file brief. Service: 12/16/2021 by email. [819326] [21-2347] [Dennis Barghaan] |
| BL-28 | Dec 22, 2021 | Request | ORDER filed denying the motions without prejudice to Mr. Apper filing, no later than January 11, 2022, a new motion for leave to file an amicus brief that complies with the length requirements of Federal Rule of Appellate Procedure 29(a)(5) and is no more than one-half the maximum length authorized by Federal Circuit Rule 32(b) for a party's principal brief. (Per Curiam). Service as of this date by the Clerk of Court. [820688] [LMS] |
| BL-29 | Dec 27, 2021 | Request | ORDER granting motion to extend time to file brief filed by Appellees PTO and Andrew Hirshfeld. The response brief is due 02/03/2022. Service as of this date by the Clerk of Court. [821275] [NL] |
| BL-30 | Jan 11, 2022 | View | CORRECTED AMICUS CURIAE BRIEF FILED by Mitchell Apper, pro se. Service: 01/11/2022 by email. [Mitchell Apper] |
| BL-31 | Jan 11, 2022 | Request | MOTION of Motion to Take Leave to Accept Amicus Curiae Brief for leave to file an amicus curiae brief. Service: 01/11/2022 by email. [823706] [21-2347] [Mitchell Apper] |
| BL-32 | Feb 2, 2022 | Request | ORDER filed granting motion for leave to file an amicus curiae brief . ECF No. 31-2 is accepted for filing. (Per Curiam). Service as of this date by the Clerk of Court. [828506] [LMS] |
| BL-33 | Feb 2, 2022 | View | AMICUS BRIEF FILED by Mitchell Apper. Service: 01/11/2022 by email. [EKD] |
| BL-34 | Feb 3, 2022 | View | RESPONSE BRIEF FILED by Appellees Andrew Hirshfeld and PTO. Service: 02/02/2022 by email. [Dennis Barghaan] |
| BL-35 | Feb 4, 2022 | Request | NOTICE OF NON-COMPLIANCE: The submission of Appellees Andrew Hirshfeld and PTO, Response Brief , is not in compliance with the rules of this court (see attached). Compliant document is due on 02/11/2022. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [828966] [EKD] |
| BL-36 | Feb 4, 2022 | Request | Entry of appearance for Meredith H. Schoenfeld; Farheena Y. Rasheed; Peter J. Sawert as counsel for Appellees Andrew Hirshfeld and PTO. Service: 02/04/2022 by email. [828988] [21-2347] [Meredith Schoenfeld] |
| BL-37 | Feb 4, 2022 | Request | Corrected Entry of appearance for Meredith H. Schoenfeld; Farheena Y. Rasheed; Peter J. Sawert as counsel for Appellees Andrew Hirshfeld and PTO. Service: 02/04/2022 by email. [829119] [21-2347] [Meredith Schoenfeld] |
| BL-38 | Feb 10, 2022 | Request | Notice from Appellees Andrew Hirshfeld and PTO Filing Combined Corrected Brief and Supplemental Appendix. Service: 02/10/2022 by email. [830320] [21-2347] [Dennis Barghaan] |
| BL-39 | Feb 10, 2022 | View | MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED with SUPPLEMENTAL APPENDIX by Appellees Andrew Hirshfeld and PTO. Service: 02/10/2022 by email. [830321] --[Edited 02/14/2022 by EKD - compliance review complete] [Dennis Barghaan] |
| BL-40 | Feb 16, 2022 | Request | 6 paper copies of Doc. No. received from Appellees Andrew Hirshfeld and PTO. [832391] [VDW] |
| BL-41 | Feb 24, 2022 | View | MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Stephen Thaler. Service: 02/24/2022 by email. [833427] --[Edited 02/25/2022 by EKD - compliance review complete] [Ryan Abbott] |
| BL-42 | Feb 25, 2022 | Request | 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)(3)(A). [833452] [EKD] |
| BL-43 | Feb 25, 2022 | View | 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 <a href="https://cafc.uscourts.gov/wp-content/uploads/form32.pdf">here</a>. The Oral Argument Guide can be found <a href="https://cafc.uscourts.gov/wp-content/uploads/OralArgumentGuide.pdf">here</a>. [833453] [EKD] |
| BL-44 | Mar 2, 2022 | Request | 6 paper copies of Doc. No. received from Appellant Stephen Thaler. [834845] [VDW] |
| BL-45 | Mar 3, 2022 | Request | Notice from Appellees Andrew Hirshfeld and PTO regarding conflicts with oral argument. None. Service: 03/03/2022 by email. [834712] [21-2347] [Dennis Barghaan] |
| BL-46 | Mar 3, 2022 | Request | Notice from Appellant Stephen Thaler regarding conflicts with oral argument. Service: 03/03/2022 by email. [834764] [21-2347] [Ryan Abbott] |
| BL-47 | Mar 4, 2022 | Request | NOTICE OF NON-COMPLIANCE: The paper copies (Doc. No. ) provided by Stephen Thaler are not in compliance with the rules of this court (see attached). Corrected paper copies are due within 5 business days. Service as of this date by the Clerk of Court. [834847] [VDW] |
| BL-48 | Mar 8, 2022 | Request | The following conflict dates submitted by Ryan Benjamin Abbott for Stephen Thaler have been accepted by the court: 05/02/2022, 05/03/2022, 05/04/2022, 05/05/2022, 05/06/2022, 06/08/2022, 06/09/2022, 10/03/2022, 10/04/2022. [835534] [MJL] |
| BL-49 | Mar 8, 2022 | Request | CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Stephen Thaler's response to notice to advise of scheduling conflicts used an outdated version of Form 32. CORRECTION: Please ensure future filings are submitted on the most up-to-date version of the form. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [835536] [MJL] |
| BL-50 | Mar 15, 2022 | Request | Notice to Amicus Curiae Mitchell Apper: The record of this case indicates that no paper copies of the amicus brief under FCR 25(c)(3) have been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. <i>See</i> FCR 25(h). Service as of this date by the Clerk of Court. [837005]--[Edited 03/15/2022 by JCP to remove appellant from entry since copies have been received]--[Edited 03/15/2022 by JCP] [JCP] |
| BL-51 | Mar 16, 2022 | Request | 6 paper copies of Doc. No. received from Amicus Curiae Mitchell Apper. [837847] [VDW] |
| BL-52 | Mar 25, 2022 | Request | 6 paper copies of Doc. No. received from Appellant Stephen Thaler. [839004] [JCP] |
| BL-53 | Apr 14, 2022 | View | Official caption revised to reflect Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Katherine K. Vidal as Defendant-Appellee (see attached). Service as of this date by the Clerk of Court. [843022] [EKD] |
| BL-54 | Apr 21, 2022 | Request | NOTICE OF ORAL ARGUMENT. Panel: 2206A. Case scheduled June 6, 2022. Response to Notice of Oral Argument due: 05/05/2022. Please review the attached Notice. The response to notice of oral argument form can be found <a href="https://cafc.uscourts.gov/wp-content/uploads/form33.pdf">here</a>. The Oral Argument Guide can be found <a href="https://cafc.uscourts.gov/wp-content/uploads/OralArgumentGuide.pdf">here</a>. Service as of this date by the Clerk of Court. [844566] [MJL] |
| BL-55 | May 5, 2022 | View | Response to notice of oral argument from Appellant Stephen Thaler. Service: 05/05/2022 by email. [847989] [21-2347] [Ryan Abbott] |
| BL-56 | May 5, 2022 | View | Response to notice of oral argument from Appellees PTO and Katherine K. Vidal. Service: 05/05/2022 by email. [847992] [21-2347] [Dennis Barghaan] |
| BL-57 | May 6, 2022 | Request | CLERK'S OFFICE QUALITY CONTROL MESSAGE: Appellees' certification of compliance with revised protocols for in-person arguments was incomplete. One item was left unchecked. CORRECTION: A corrected, completed certification must be filed no later than 05/10/2022. [848289] [MJL] |
| BL-58 | May 9, 2022 | View | Corrected Response to notice of oral argument from Appellees PTO and Katherine K. Vidal. Service: 05/09/2022 by email. [848351] [21-2347] [Dennis Barghaan] |
| BL-59 | Jun 6, 2022 | Request | Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Taranto, Circuit Judge and Stark, Circuit Judge.<br>Arguing counsel: Professor Ryan Benjamin Abbott for Stephen Thaler and Dennis Barghaan, Jr. for PTO and Katherine K. Vidal.<br>Oral Argument Audio available <a href="http://oralarguments.cafc.uscourts.gov/default.aspx?fl=21-2347_06062022.mp3">here</a>. [853725] [JCP] |
| BL-60 | Aug 5, 2022 | View | OPINION filed for the court by Moore, Chief Judge; Taranto, Circuit Judge and Stark, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [865060] [MVH] |
| BL-61 | Aug 5, 2022 | Request | JUDGMENT. AFFIRMED. 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 <a href="https://cafc.uscourts.gov/home/case-information/filing-resources">here</a>. Service as of this date by the Clerk of Court. [865062] [MVH] |