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KAPPOS v. HYATT

No. 10-1219.

132 S.Ct. 1690 (2012)

182 L.Ed.2d 704

David J. KAPPOS, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, Petitioner v. Gilbert P. HYATT.

Supreme Court of United States.

Decided April 18, 2012.

Attorney(s) appearing for the Case

Ginger D. Anders , Washington, DC, for Petitioner.

Aaron M. Panner , Washington, DC, for Respondent.

Bernard J. Knight, Jr. , General Counsel, Raymond T. Chen , Solicitor and Deputy General Counsel, Robert J. McManus , Thomas W. Krause , Associate Solicitors, U.S. Patent and Trademark Office, Alexandria, VA, Donald B. Verrilli, Jr. , Solicitor General, Tony West , Assistant Attorney General, Malcolm L. Stewart , Deputy Solicitor General, Beth S. Brinkmann , Deputy Assistant Attorney General, Ginger D. Anders , Assistant to the Solicitor General, Counsel of Record, Scott R. McIntosh , Attorney, Department of Justice, Washington, DC, for Petitioner.

Gregory L. Roth , La Palma, CA, Aaron M. Panner , Counsel of Record, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, for Respondent.

Justice THOMAS delivered the opinion of the Court.

The Patent Act of 1952, 35 U.S.C. § 100 et seq., grants a patent applicant whose claims are denied by the Patent and Trademark Office (PTO) the opportunity to challenge the PTO's decision by filing a civil action against the Director of the PTO in federal district court. In such a proceeding, the applicant may present evidence to the district court that he did...

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