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
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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