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Supreme Court: PTO Not Entitled to Attorney’s Fees in District Court Appeals

In a unanimous decision authored by Justice Sotomayor, the Supreme Court of the United States held that the US Patent and Trademark Office (PTO) is not entitled to recover its attorney’s fees in an appeal to a district court...more

SCOTUS Rules PTO Not Entitled to Attorney’s Fees in Appeals to E.D. Virginia from Adverse PTAB Decisions

On December 11, the US Supreme Court held that the US Patent and Trademark Office is not entitled to recover its attorney’s fees in an appeal to the Eastern District of Virgina from an adverse decision of the Patent Trial and...more

Supreme Court to Address Whether Applicant Must Pay PTO “Personnel Expenses”

The Supreme Court of the United States granted the US Patent and Trademark Office (PTO) Director Iancu’s petition for a writ of certiorari to determine whether a party that files an appeal in the Eastern District of Virginia...more

En Banc Federal Circuit: § 145 Appellants Do Not Have to Pay (Attorneys’ Fees) to Play

The en banc US Court of Appeals for the Federal Circuit held that a dissatisfied patent applicant that chooses to appeal from a decision of the Patent Trial and Appeal Board rejecting claims of a patent application can appeal...more

En Banc Federal Circuit | § 145 Appellants Generally Not Liable for PTO Attorneys' Fees

The en banc US Court of Appeals for the Federal Circuit reversed a panel decision and held that 35 USC § 145 does not require applicants appealing to the US District Court for the Eastern District of Virginia to pay the...more

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