Patent Applicant May Introduce New Evidence in Suit Challenging PTO’s Denial of Patent Claims

In a suit to challenge the denial of patent claims, there are there are no limitations on a patent applicant’s ability to introduce new evidence beyond those provided in the Federal Rules of Evidence and the Federal Rules of Civil Procedure, the U.S. Supreme Court has ruled (Kappos v. Hyatt, April 18, 2012, Thomas, C.). If new evidence is presented on a disputed question of fact, the federal 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, the Court also held.