Pay Our Attorneys’ Fees, USPTO Says, Even When We Lose

Law360 (March 7, 2018, 10:11 PM EST) -- The en banc Federal Circuit is set to hear arguments Thursday on the U.S. Patent and Trademark Office’s controversial new policy on attorneys’ fees. If you haven’t been following along, here’s everything you need to know.

What’s all this about a new policy?

A few years back, the USPTO adopted a new approach to seeking attorneys’ fees in federal court cases, effectively resulting in a situation where the agency is demanding that opponents reimburse its fees even if the agency ultimately loses a case.

That’s what happened in October, when Booking.com won a federal court ruling overturning a USPTO decision to...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

April 5, 2016

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