Case Study: Kappos V. Hyatt

Law360, New York (April 30, 2012, 1:44 PM EDT) -- In a unanimous decision, the Supreme Court of the United States affirmed the U.S. Court of Appeals for the Federal Circuit and held that 35 U.S.C. §145 imposes no special limitation on a patent applicant’s right to introduce new evidence in a civil action involving district court appeals from final determinations of the U.S. Patent and Trademark Office.

Justice Clarence Thomas delivered the majority opinion. Justice Sonia Sotomayor, concurring, added the decision did not foreclose a district court’s authority to exclude evidence “deliberately suppressed” from the...
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