Supreme Court: De Novo Review Proper For New Evidence in Patent Cases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today rejected a call by the U.S. Patent and Trademark Office (PTO) for stricter evidentiary rules and an elevated standard of review in challenges to adverse patentability rulings ( David J. Kappos v. Gilbert P. Hyatt , No. 10-1219, U.S. Sup...

Fitch, Even, Tabin & Flannery LLP: Supreme Court Requires De Novo Review in Civil Actions to Obtain Patent

By Allen E. Hoover Today [April 18, 2012], in Kappos v. Hyatt , the U.S. Supreme Court affirmed the Court of Appeals for the Federal Circuit, holding that courts must consider de novo any evidence presented by the appellant in a civil action under 35 U.S.C. § 145 . Under 35 U.S.C. §145...