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U.S. Supreme Court,
Intellectual Property

Oct. 14, 2019

Supreme Court hears whether Patent Office can collect employees’ salaries in defending district court actions

The latest term of the Supreme Court began with the high court answering the peculiar question of whether the Government can recoup the salaries of its staff attorneys and paralegals from an adversary in a district court proceeding challenging an adverse decision by the Patent Office in Federal Court–even when the adversary wins the challenge.

Charles R. Macedo

Partner
Amster, Rothstein & Ebenstein LLP

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Christopher Lisiewski

Associate
Amster, Rothstein & Ebenstein LLP

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Chandler Sturm

Law Clerk
Amster, Rothstein & Ebenstein LLP

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Supreme Court hears whether Patent Office can collect employees’ salaries in defending district court actions
A line outside of the Supreme Court on Oct. 7, the first day of the court's new term. (New York Times News Service)

The latest term of the U.S. Supreme Court began with the high court answering the peculiar question of whether the government can recoup the salaries of its staff attorneys and paralegals from an adversary in a district court proceeding challenging an adverse decision by the U.S. Patent and Trademark Office in federal court -- even when the adversary wins the challenge. See Peters v. Nantkwest, Inc., 18-801 ($95

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