Kappos v. Hyatt

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

Briefs and Documents

Merits Briefs for the Petitioner

• Brief for petitioner David J. Kappos
• Reply brief for David J. Kappos

Amicus Briefs in Support of the Petitioner

• Brief for Intel Corp. et al.
• Brief for Verizon Communications Inc. et al.

Amicus Briefs in Support of Neither Party

• Brief for IEEE-USA
• Brief for the Intellectual Property Owners Association
• Brief for the New York Intellectual Property Law Association 

Merits briefs for the Respondent

• Brief for Gilbert P. Hyatt

Amicus briefs in support of the Respondent

• Brief for the American Intellectual Property Law Association

Certiorari-stage documents

• Opinion below (Federal Circuit)
• Reply brief for the petitioner

• Petition for certiorari
• Brief in opposition