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Atty Fees Aren't USPTO 'Expenses': Fed. Circ. Bar To Justices

Law360 (May 28, 2019, 9:10 PM EDT) -- The Federal Circuit Bar Association challenged the U.S. Patent and Trademark Office's controversial policy of seeking attorney fees whenever it is sued over rejected applications, even if it loses, in an amicus brief to the U.S. Supreme Court, arguing that the term "expenses" does not include attorney fees.

The decision to interpret the word "expenses" in the statute governing such suits as including attorney fees cuts against the American Rule — which says that litigants generally must pay their own legal fees — the historical use of the word by Congress, and even the USPTO’s historic interpretation of the word, the...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

December 21, 2018

Law Firms


Government Agencies