Fitch, Even, Tabin & Flannery LLP: Supreme Court Hears Oral Argument in Kappos v. Hyatt

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...

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...

Prosecuting Patent Applications in District Court after Kappos v. Hyatt

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...