Kappos v. Hyatt
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 Clarence Thomas on Apr 18, 2012. Justice Sotomayor filed a concurring opinion, in which Justice Breyer joined.
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
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Recommended Citation: Kappos v. Hyatt, SCOTUSblog, https://www.scotusblog.com/cases/kappos-v-hyatt/