USPTO Attys' Fees Must Be Reimbursed On Appeal, Judge Says

Law360, Los Angeles (January 6, 2014, 9:08 PM EST) -- Plaintiffs challenging the decisions of the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board in federal court must pay the USPTO's attorneys' fees regardless of whether they win or lose the case, a Virginia federal judge found Friday.

Ruling on a matter of first impression, U.S. District Judge T.S. Ellis III found that attorneys' fees are included in a statutory requirement that plaintiffs who seek review of TTAB rulings in a district court pay the office "all expenses of the proceeding," whether the final decision is in favor of the plaintiff...
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