Editor's Note :

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We're currently hosting a symposium on Tuesday's decision in Espinoza v. Montana Department of Revenue. Click to follow along.
We also hosted a symposium on Monday's decision in June Medical Services v. Russo. Click to read the submissions.

Briefly Mentioned :

Briefly Noted :

On Thursday, the court released orders from the July 1 conference. The justices granted five cases for a total of four hours of oral argument next term.
On Monday, we expect the court to release opinions at 10 a.m. We will be live-blogging starting at 9:20 a.m. at this link, where you can sign up for an email reminder when the live blog begins.

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

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