WASHINGTON, D.C. - (Mealey's) Federal
district courts deciding an adverse patentability ruling by the U.S. Patent and
Trademark Office (PTO) should apply a deferential standard of review, an
attorney for the U.S. government told the U.S. Supreme Court yesterday ( David
J. Kappos v. Gilbert P...
On March 5, 2012, in Teles AG v. Kappos , the U.S. District Court for the District of Columbia barred a patent owner's civil action under 35 U.S.C. § 145 that was brought from an ex parte reexamination proceeding, and transferred the appeal to the Court of Appeals for the Federal Circuit.
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...