By Kevin E. Noonan — One of the casualties of the Leahy-Smith America Invents Act in 2012 was 35 U.S.C. § 145, which had provided recourse to U.S. District Courts for U.S. patent applicants disgruntled with a determination of unpatentability before the U.S. Patent and Trademark Office, but was abrogated by the AIA. This avenue had as one advantage the ability to present new evidence and to have that evidence evaluated by the Court. While providing an alternative outlet, the outcome was not always to the applicant’s benefit; an example of a negative outcome arose recently in ImmunoGen, Inc. v….
