We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Fed. Circ. Affirms USPTO's No-Matter-What Attys' Fees Rule

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,’...
To view the full article, register now.

Documents

Related

Sections

Case Information

Case Title

NantKwest, Inc. v. Iancu


Case Number

16-1794

Court

Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

April 5, 2016

Law Firms

Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.