The Fed. Circ. Stance In Hyatt V. Kappos

Law360, New York (December 03, 2010, 3:38 PM ET) -- The Federal Circuit recently issued an en banc ruling setting forth the standard governing the admissibility of evidence in a district court action filed under 35 USC § 145 by a patent applicant who is seeking to challenge a decision by the U.S. Patent and Trademark Office's Board of Patent Appeals and Interferences (BPAI) denying a patent.

In Hyatt v. Kappos, No.2007-1066 (Fed. Cir. Nov. 8, 2010) the Federal Circuit held that the admissibility of evidence in these § 145 actions is to be governed by...
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