The modified opinion can be found here. It does not alter the holding of the case, in which the court concluded that the USPTO cannot recover expert witness fees in actions brought under 35 U.S.C. § 145. (For my blog post on the original decision from this past August, see here.) Unless I'm missing something, the only change in today's opinion is the deletion of some words previously found in lines 1 of 2 of page 3 regarding "submarine" patents.
Tuesday, October 12, 2021
Federal Circuit Issues (Very Slightly) Modified Opinion in Hyatt v. Hirshfeld
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