Justices Won't Hear Fight Over USPTO Fees On Axed Patents

Law360 (February 22, 2021, 9:46 PM EST) -- The U.S. Supreme Court declined to breathe new life into a $100 million proposed class action leveled against the U.S. Patent and Trademark Office over fees the office collects on patents that are later invalidated.

Christy Inc.'s petition for certiorari, among dozens denied in Monday's Supreme Court order list, argued that the patent office violated the Fifth Amendment when it mostly invalidated the Oklahoma company's vacuum cleaner patent — following a challenge from Black & Decker Inc. — without refunding the fees the patent office initially charged Christy for those patents.

Christy's 2018 lawsuit against the government had come less than a month...

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