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Decided

Kappos v. Hyatt

Docket No.10-1219
Op. BelowFederal Circuit
ArgumentJan 9, 2012
Vote9-0
AuthorClarence Thomas
OpinionApr 18, 2012
TermOctober Term 2011
SCOTUS PageOpinion

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 Clarence Thomas on Apr 18, 2012. Justice Sotomayor filed a concurring opinion, in which Justice Breyer joined.

Merits Briefs for the Petitioner

Amicus Briefs in Support of the Petitioner

Amicus Briefs in Support of Neither Party

Merits briefs for the Respondent

Amicus briefs in support of the Respondent

[##CERT-STAGE##]

Related Coverage

Proceedings & orders timeline

Jan 25, 2011
Application (10A735) to extend the time to file a petition for a writ of certiorari from February 6, 2011 to March 8, 2011, submitted to The Chief Justice.
Jan 26, 2011
Application (10A735) granted by The Chief Justice extending the time to file until March 8, 2011.
Feb 24, 2011
Application (10A735) to extend further the time to file a petition for a writ of certiorari from March 8, 2011 to April 7, 2011, submitted to The Chief Justice.
Feb 25, 2011
Application (10A735) granted by The Chief Justice extending the time to file until April 7, 2011.
Apr 7, 2011
Petition for a writ of certiorari filed. (Response due May 9, 2011)
May 2, 2011
Order extending time to file response to petition to and including May 27, 2011.
May 27, 2011
Brief of respondent Gilbert P. Hyatt in opposition filed.
Jun 6, 2011
Reply of petitioner David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office filed.
Jun 7, 2011
DISTRIBUTED for Conference of June 23, 2011.
Jun 14, 2011
Supplemental brief of respondent Gilbert P. Hyatt filed. (Distributed)
Jun 17, 2011
Supplemental brief of petitioner David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office filed. (Distributed)
Jun 27, 2011
Petition GRANTED.
Jul 13, 2011
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2011.
Jul 13, 2011
The time to file respondent's brief on the merits is extended to and including October 17, 2011.
Aug 24, 2011
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent.
Aug 29, 2011
Joint appendix filed. (Four Volumes)
Aug 29, 2011
Brief of petitioner David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office filed.
Sep 6, 2011
Brief amici curiae of Verizon Communications Inc., et al. filed.
Sep 6, 2011
Brief amici curiae of Intel Corp., et al. filed.
Sep 6, 2011
Brief amicus curiae of IEEE-USA in support of neither party filed.
Sep 6, 2011
Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Sep 6, 2011
Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Oct 7, 2011
The time to file respondent's brief on the merits is further extended to and including October 31, 2011.
Oct 25, 2011
Brief amicus curiae of American Intellectual Property Law Association filed.
Oct 31, 2011
Brief of respondent Gilbert P. Hyatt filed.
Nov 14, 2011
SET FOR ARGUMENT ON Monday, January 9, 2012.
Nov 15, 2011
CIRCULATED.
Nov 30, 2011
Reply of petitioner David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office filed. (Distributed)
Jan 9, 2012
Argued. For petitioner: Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Aaron M. Panner, Washington, D. C.
Apr 18, 2012
Judgment is affirmed and case remanded. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Breyer, J., joined.
May 21, 2012
JUDGMENT ISSUED.
May 31, 2012
Record returned to U.S.C.A. for Federal Circuit.

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