USPTO Hammered In Fed. Circ. For Seeking Witness Expenses

Law360 (June 8, 2021, 9:01 PM EDT) -- The chief judge for the Federal Circuit took an attorney for the U.S. Patent and Trademark Office to task Tuesday for arguing that patent applicants who challenge the agency's decisions in district court have to pay its expert witness fees.

A three-judge panel was mulling the USPTO's appeal of a federal judge's ruling that prolific inventor Gilbert P. Hyatt, who sued the patent office for rejecting his patent applications, did not have to pay the over $500,000 the office spent on expert witnesses. The judge found that the USPTO wrongly rejected some of his applications, although the Federal Circuit vacated that...

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