By Pauline Pelletier, Michael Joffre, Jeremiah Frueauf and Eric Steffe ( October 19, 2018, 1:50 PM EDT) -- Many are familiar with the standard way to appeal from ex parte prosecution before the U.S. Patent and Trademark Office: A twice-rejected application is appealed to the Patent Trial and Appeal Board and then, if unsuccessful, to the Federal Circuit. But few are familiar with the alternative route provided by 35 U.S.C. § 145. Section 145 provides dissatisfied applicants with the option of filing suit against the patent office in district court after an unsuccessful appeal to the PTAB. A recent decision by Judge Royce Lamberth in the case of Hyatt v. Iancu offers special insight into what patent applicants may stand to gain by pursuing relief under Section 145. This article summarizes the Hyatt decision and discusses some strategic opportunities presented by this unique process, both substantively and procedurally....