Supreme Court Holds That the Federal Rules of Evidence Are the Only Evidentiary Restriction in District Court Review of Board of Patent Appeals and Interferences Decisions

Fitzpatrick Case Update
April 18, 2012

On April 18, 2012, the Supreme Court of the United States issued its decision in Kappos v. Hyatt. In this decision, the Court unanimously affirmed an en banc decision of the Court of Appeals for the Federal Circuit holding that, in a district court action brought under 35 U.S.C. § 145, a patent applicant contesting a rejection by the United States Patent and Trademark Office (PTO) had a right to introduce new evidence to the full extent permitted by the Federal Rules of Evidence and Federal Rules of Civil Procedure.

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