Justices Question USPTO's Bold Pursuit Of Atty Fees

Law360 (October 7, 2019, 1:18 PM EDT) -- The U.S. Supreme Court appeared skeptical Monday of the U.S. Patent and Trademark Office’s recent practice of seeking attorney fees from parties that take the agency to court, given that the USPTO paid for its own lawyers for more than a century.

Several Supreme Court justices on Monday seemed sympathetic to the view that the U.S. Patent and Trademark Office’s pursuit of attorney fees violates the so-called American Rule. (AP)

At oral arguments in the case Peter v. NantKwest, the justices, minus an ailing Justice Clarence Thomas, peppered an attorney from the U.S. Solicitor General’s Office with questions about the USPTO’s...

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