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Hyatt v. Kappos, 07-1066

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By FindLaw Staff on November 08, 2010 4:11 PM

Section 145 imposes no limitation on patent applicant's right to introduce new evidence before the district court

Hyatt v. Kappos, 07-1066, concerned a plaintiff's civil action against the Director of the Patent Office pursuant to 35 U.S.C. section 145, related to a patent application for a computerized display system for processing image information.

In vacating the district court's grant of summary judgment in favor of the Director and remanding, the court held that 35 U.S.C. section 145 imposes no limitation on an applicant's right to introduce new evidence before the district court, apart from the evidentiary limitations applicable to all civil actions contained in the Federal Rules of Evidence and Federal Rules of Civil Procedure, and as such, the district court abused its discretion when it excluded petitioner's declaration under the wrong legal standard.

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