IP Attys Bash USPTO's Win-Or-Lose Fee Rule At Fed. Circ.

Law360, New York (November 27, 2017, 2:35 PM EST) -- Two major intellectual property attorney groups have filed a pair of amicus briefs urging the full Federal Circuit to reject a new U.S. Patent and Trademark Office stance that applicants who appeal to a district court must pay the agency’s legal bills regardless of who wins the case.

In briefs each filed Nov. 22, the American IP Law Association and the Federal Circuit Bar Association argued that if Congress intended for the USPTO to collect attorneys’ fees following an applicant’s “de novo” appeal in the district...
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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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