Fitzpatrick Case Update
January 9, 2012
On January 9, 2012, the Supreme Court heard oral argument in Kappos v. Hyatt, concerning what limitations may exist on a plaintiff’s right to introduce new evidence in a federal district court proceeding pursuant to 35 U.S.C. § 145, contesting a rejection by the United States Patent and Trademark Office (PTO) of a patent application, and how much deference to accord PTO fact findings in such a proceeding. Robert Fischer and Chitra Kalyanaraman examine the arguments presented to the Supreme Court; Ms. Kalyanaraman attended the oral argument.