Editor's Note :

Editor's Note :

On Monday morning the court hears oral argument in Lucia v. Securities and Exchange Commission. Ronald Mann has our preview.
On Monday morning the court also hears oral argument in Pereira v. Sessions. Jennifer Chacon has our preview.
On Monday afternoon the court hears oral argument in Chavez-Meza v. United States. Susan Klein has our preview.

Briefly Mentioned :

Briefly Noted :

The Supreme Court will release orders from the April 20 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m.

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.

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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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