Kappos v. Hyatt
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 10-1219 | Federal Cir. |
Jan 9, 2012 Tr.Aud. |
Apr 18, 2012 | 9-0 | Thomas | OT 2011 |
Holding: There are no limitations on a patent applicant’s ability to introduce new evidence in a 35 U.S.C. § 145 proceeding beyond those already present in the Federal Rules of Evidence and the Federal Rules of Civil Procedure. If new evidence is presented on a disputed question of fact, the district court must make de novo factual findings that take account of both the new evidence and the administrative record before the Patent and Trademark Office.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on April 18, 2012. Justice Sotomayor filed a concurring opinion, in which Justice Breyer joined.
SCOTUSblog Coverage
- Opinion analysis: Federal Circuit bounces back in patent denial litigation
- Argument recap: Court wary of government’s hard line in patent denial litigation
- Argument preview: Court returns again to standard for reviewing patent rulings
Briefs and Documents
Merits Briefs for the Petitioner
Amicus Briefs in Support of the Petitioner
Amicus Briefs in Support of Neither Party
- Brief for IEEE-USA
- Brief for the Intellectual Property Owners Association
- Brief for the New York Intellectual Property Law Association
Merits briefs for the Respondent
Amicus briefs in support of the Respondent
Certiorari-stage documents
- Opinion below (Federal Circuit)
- Reply brief for the petitioner
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