Fed. Circ. Lifts Evidence Limits In Section 145 Cases

Law360, New York (November 8, 2010, 5:49 PM EST) -- In a closely watched en banc hearing over the rejection of a software patent, the U.S. Court of Appeals for the Federal Circuit on Monday overturned evidentiary restrictions on patent applicants challenging the U.S. Patent and Trademark Office in federal court.

Six of nine Federal Circuit judges ruled that patent applicants suing the USPTO in a Section 145 civil action were entitled to introduce new evidence at district court, even if the evidence was withheld from the agency.

The precedential ruling revives Gilbert Hyatt’s case against...
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