Analysis

End Of The Road For USPTO's 'Radical' Fight For Atty Fees

Law360 (December 11, 2019, 9:27 PM EST) -- With a unanimous ruling from the U.S. Supreme Court, the U.S. Patent and Trademark Office's long, strange and often-criticized effort to recoup its legal bills has ended in defeat.

More than six years after the agency first made the unusual-sounding argument — pay for our attorneys, no matter what, even if we lose a case — the high court ruled Wednesday that it violated the so-called American Rule, which says U.S. litigants must typically pay for their own lawyers.

In the decision, Justice Sonia Sotomayor said the agency's approach would be a "radical departure" from how courts award attorney's fees....

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