Fed. Circ. Affirms Evidence Exclusion In Hyatt Case

Law360, New York (August 12, 2009, 8:46 PM EDT) -- A federal appeals court has held that a lower court correctly barred a patent agent from presenting additional evidence in his case challenging the U.S. Patent and Trademark Office’s rejection of certain claims of his software patent application in light of his “willful noncooperation” in turning over the information earlier during the examination process.

In a 2-1 decision, the U.S. Court of Appeals for the Federal Circuit on Tuesday affirmed a lower court’s grant of summary judgment in favor of the Board of Patent Appeals and...
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