U.S. Supreme Court,
Intellectual Property
Oct. 2, 2019
Are PTO attorney fees expenses under Section 145?
The issue before the Supreme Court is: Whether the phrase “[a]ll the expenses of the proceedings” in Section 145 encompasses the personnel expenses the PTO incurs when its employees defend the agency in Section 145 litigation.
Kyrie K. Cameron
Associate
Patterson & Sheridan LLP
Phone: (713) 623-4844
The U.S. Patent and Trademark Office appealed the U.S. Court of Appeals for the Federal Circuit's en banc decision in NantKwest, Inc. v. Iancu, denying the recovery of attorney fees under 35 U.S.C. Section 145. 898 F.3d 1177 (Fed. Cir. 2018). Upon receiving a Patent Trial and Appeal Board decision affirm...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In