United States Federal Circuit

In 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, district court's grant of summary judgment in favor of the Director is vacated and remanded as 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.

Appellate Information

• Decided 11/08/2010
• Published 11/08/2010

Judges

• MOORE

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Aaron M. Panner, Beth S. Brinkman