USPTO Attys' Fees Must Be Reimbursed On Appeal, Judge Says

Law360, Los Angeles (January 6, 2014, 9:08 PM EST) -- Plaintiffs challenging the decisions of the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board in federal court must pay the USPTO's attorneys' fees regardless of whether they win or lose the case, a Virginia federal judge found Friday.

Ruling on a matter of first impression, U.S. District Judge T.S. Ellis III found that attorneys' fees are included in a statutory requirement that plaintiffs who seek review of TTAB rulings in a district court pay the office "all expenses of the proceeding," whether the final decision is in favor of the plaintiff...
To view the full article, register now.




Case Information

Case Title

Shammas v. Rea

Case Number



Virginia Eastern

Nature of Suit



T. S. Ellis, III

Date Filed

December 19, 2012

Government Agencies

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.