BTG International Ltd. v. Kappos, No. 1:2012cv00682 - Document 47 (E.D. Va. 2012)

Court Description: MEMORANDUM OPINION, the Court concludes, as a matter of law, that the scope of this action is not limited to the patentability of claim 102 and that BTG is entitled to seek a patent as to any of its claims involved in the Board's decision, separ ate and apart from claim 102, and to present all "competent evidence" in support of the patentability of those claims. The USPTO's Motion for Partial Summary Judgment Limiting This Action to the Representative Claim [Doc. No. 27] is DENIED. (See Order For Details). Signed by District Judge Anthony J Trenga on 12/6/12. (nhall)