Kappos v. Hyatt

Docket No. Op. Below Argument Opinion Vote Author Term
10-1219 Federal Cir. Jan 9, 2012
Tr.Aud.
Apr 18, 2012 9-0 Thomas OT 2011

Holding: There are no limitations on a patent applicant’s ability to introduce new evidence in a 35 U.S.C. § 145 proceeding beyond those already present in 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 Patent and Trademark Office.

Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on April 18, 2012. Justice Sotomayor filed a concurring opinion, in which Justice Breyer joined.

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