By Kendrew H. Colton
On January 9, 2012, the U.S. Supreme Court heard oral argument in Kappos v. Hyatt . The Hyatt
case is important for those who prosecute patent applications before
the U.S. Patent and Trademark Office (USPTO), and especially for those
who must decide on whether to appeal from...
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...
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...
Under the Supreme Court's decision in Kappos v. Hyatt [ enhanced version available to lexis.com subscribers ] patent
applicants that pursued their claims through a de novo civil action in district
court, rather than through review at the Federal Circuit, are free to submit
new evidence to support...