Supreme Court To Weigh In On IP Evidence Limits

Law360, San Diego (June 27, 2011, 2:55 PM EDT) -- The U.S. Supreme Court on Monday agreed to hear the U.S. Patent and Trademark Office’s appeal of a Federal Circuit decision that overturned evidentiary restrictions on patent applicants challenging the agency in federal court.

The high court granted USPTO Director David Kappos’ petition for writ of certiorari after six of nine Federal Circuit judges ruled in an en banc rehearing in November that patent applicants suing the USPTO in a Section 145 civil action were entitled to introduce new evidence in the district court, even if...
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