In Hyatt v. Hirshfeld, the Federal Circuit found the phrase "[a]ll the expenses of the proceedings" in civil litigations under 35 U.S.C. ' 145 does not include expert witness expenses. ("Hyatt II"). After adverse results at the USPTO, Mr. Hyatt filed a civil action in federal district court under ' 145 arguing his patent applications should have been allowed. Hyatt v. Hirshfeld, 998 F.3d 1347, 1351 (Fed. Cir. 2021) ("Hyatt I"). In response, the USPTO hired an expert witness and incurred expert fees. Mr...
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