Kappos v Hyatt

Kappos v Hyatt

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There are no limitations on a patent applicant’s ability to introduce new evidence in a §145 proceeding beyond those already presentin the Federal Rules of Evidence and the Federal Rules of Civil Procedure. If new evidence is presented on a disputed question of fact,the district court must make de novo factual findings that take account of both the new evidence and the administrative record before the PTO.

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Topics:  Administrative Procedure Act, Evidence, Hyatt, Kappos, Patents, USPTO

Published In: Intellectual Property Updates

Reference Info:Decision | Federal, U.S. Supreme Court | United States