Administrative Procedure Act › Patents

Patent Watch: Pregis Corp. v. Kappos

[A] third party cannot sue the PTO under the APA to challenge a PTO decision to issue a patent. On December 6, 2012, in Pregis Corp. v. Kappos, the U.S. Court of Appeals for the Federal Circuit (Prost, Clevenger,...more

Kappos v. Hyatt (2012)

That rarest of rara aves issued from the Supreme Court yesterday, an affirmance of a Federal Circuit opinion in Kappos v. Hyatt. Perhaps it is because, as in Stanford v. Roche one of the parties was the government (here,...more

Kappos v Hyatt

Kappos v Hyatt

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...more

Navigating the Evolving Regulation and Commercialization of Stem Cell Research

Interested parties that can successfully navigate the evolving regulation of stem cell research stand to gain significant scientific and commercial advantage. Given that in the fall of 2011 the Court of Justice of the...more