Supreme Court Strikes Down USPTO Atty Fee Rule

Law360 (December 11, 2019, 10:22 AM EST) -- The U.S. Supreme Court on Wednesday struck down an unusual U.S. Patent and Trademark Office policy that saw the agency automatically demand repayment of its legal bills, ruling that it ran afoul of the centuries-old rule that U.S. litigants must usually pay their own lawyers.

U.S. Supreme Court justices unanimously agreed that the USPTO's policy on fees runs afoul of the so-called American Rule that parties generally must pay their own legal bills. (AP) Ruling unanimously in favor of a drugmaker called NantKwest Inc., the justices rejected the agency's recent reinterpretation of a decades-old provision in the federal Patent Act that...

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