Kappos Asks High Court To Review IP Evidence Limits

Law360, New York (April 13, 2011, 6:01 PM EDT) -- U.S. Patent and Trademark Office head David Kappos last week asked the U.S. Supreme Court to review a closely watched Federal Circuit decision that overturned evidentiary restrictions on patent applicants challenging the agency in federal court.

In a petition filed with the high court April 7 and made available Wednesday, Kappos asked whether the plaintiff in a Section 145 civil action may introduce new evidence that could have been presented to the agency at the start of the plaintiff's patent application. He also asked if, when...
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