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USPTO Tells Justices Law Is Clear-Cut On Win-Or-Lose Fees

Law360 (May 20, 2019, 7:47 PM EDT) -- The U.S. Patent and Trademark Office told the U.S. Supreme Court on Friday that it is entitled to recover attorney fees whenever it is sued over rejected applications, even if it loses, saying that outcome is "unambiguously" required by the statute.

The office made the argument in its opening brief for a case the justices agreed to hear in March to resolve a circuit split over whether disappointed applicants who file suit must pay the office's legal bills.

The statute governing such suits states that the applicant must pay "all the expenses" of the proceeding. The Federal Circuit ruled last year...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Supreme Court

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

December 21, 2018

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