USPTO Defends Win-Or-Lose Fee Rule To Full Fed. Circ.

Law360, New York (November 17, 2017, 2:08 PM EST) -- The U.S. Patent and Trademark Office filed its opening brief Thursday at the Federal Circuit in a closely watched case over its new stance that applicants who appeal to a district court must pay the agency’s legal bills regardless of who wins the case.

The filing came two months after the full en banc appeals court agreed to reconsider the agency’s novel approach to fees — a policy change that the USPTO says was needed to pay for a costlier appellate route but one critics say...
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Case Information

Case Title

NantKwest, Inc. v. Matal


Case Number

16-1794

Court

Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

April 5, 2016

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