Law360, New York (June 23, 2017, 1:53 PM EDT) -- A split Federal Circuit panel on Friday endorsed the U.S. Patent and Trademark Office’s new stance that applicants who appeal to a district court must pay the agency’s legal bills regardless of whether it wins or loses.
Ruling against drugmaker NantKwest Inc., the panel majority said that Congress intended to include attorneys' fees when it wrote language into both the Patent Act and Lanham Act that requires appealing applicants pay "all expenses of the proceeding" regardless of the outcome.
“Given the Supreme Court’s construction of ‘expenses,’ the guidance dictionary and treatises provide on this term, and the context in which Congress...
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