Editor's Note :

Editor's Note :

On Monday, we expect orders from the June 22 Conference at 9:30 a.m. and the final opinions of the term at 10 a.m.
Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.
The Supreme Court proceedings and orders in the legal challenges to the administration’s entry ban are available at this link.

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

Briefs and Documents

Merits Briefs for the Petitioner

Amicus Briefs in Support of the Petitioner

Amicus Briefs in Support of Neither Party

Merits briefs for the Respondent

Amicus briefs in support of the Respondent

Certiorari-stage documents

 
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