Patent Law

The Timeliness of the En Banc Rehearing of Hyatt v. Kappos
The pending en banc case of Hyatt v. Kappos is more important now than ever before because the Board of Patent Appeals and Interferences (BPAI or Board) is deciding more appeals than ever before...

Hyatt v. Kappos: Federal Circuit Opens Door to Post-BPAI Civil Actions
Hyatt v. Kappos (Fed. Cir. 2010) (en banc) Summary: In a 6-2-1 en banc decision, the Federal Circuit has reversed its prior precedent and held that a patent applicant must be allowed to introduce new evidence in a Section 145...

Standards of Review in Patent Law: A Comment on Kappos v. Hyatt
(Orin Kerr) In Kappos v. Hyatt, to be argued on January 9th, the Supreme Court will consider the standards of review in Section 145 patent proceedings brought in federal district court...

US Government Asks for Increased Deference When Patent Applicants Challenge BPAI Decisions in Court
Kappos v. Hyatt (On petition for writ of certiorari, 2011) ?(Download Hyatt.GovtBrief) Although the US? Patent & Trademark Office (USPTO) and the Department of Justice (DOJ) have been at odds on the issue of the patent eligibility of genetic material...

Wednesday round-up
With the year winding down, commentators and Court watchers focus on cases scheduled for argument in 2012, as well as those recently argued in 2011.  At this blog, Ronald Mann previews Kappos v...

Supreme Court: District Courts must Review PTO Factual Findings De Novo in Cases Challenging Board Decisions
By Dennis Crouch Kappos v. Hyatt (Supreme Court 2012) This case involves a patentee's right to a file a civil action in district court challenging the USPTO's refusal to grant a patent...