October 4, 2019 / 9:32 PM / 2 months ago

Case to Watch: SCOTUS faces patent law fee fight on opening day

The patent bar, IP owners and engineers are closely watching a case the U.S. Supreme Court will hear on Monday, which will determine whether the U.S. Patent and Trademark Office can recover attorneys’ fees from litigants who sue the agency over rejected patent applications.

The en banc U.S. Court of Appeals for the Federal Circuit last year agreed (7-4) with Southern California biotech NantKwest Inc that each side must pay its own attorneys’ fees, despite a law that authorizes the PTO to collect “all expenses” of defending the lawsuit - win or lose.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2McIIOp

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