Supreme Court Hears Oral Argument in Hyatt v. Kappos

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.

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