Does Kappos V. Hyatt Apply To Interference Appeals?

Law360, New York (June 5, 2012, 1:26 PM EDT) -- In Kappos v. Hyatt, No. 10-1219, slip op,. 132 S. Ct. 1690 (April 18, 2012), the U.S. Supreme Court definitively answered two questions in a district court proceeding taken from the denial of a patent application in the U.S. Patent and Trademark Office. The court addressed whether any limitations should exist on the applicant’s ability to introduce new evidence in the district court that it did not present to the USPTO, and if so, what standard must the district court employ when considering any new evidence...
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