News & Analysis as of

Litigation Fees & Costs Trademark Trial and Appeal Board

Bradley Arant Boult Cummings LLP

Trademark Law Trends To Follow In 2021

2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview...more

Jones Day

U.S. Supreme Court: "All the Expenses" Does Not Include Attorney’s Fees - In Peter v. Nantkwest, Inc., the Supreme Court...

Jones Day on

The U.S. Supreme Court's recent 9-0 decision in Peter v. NantKwest, Inc., Case No. 18-801, informs strategic cost considerations in appeals challenging adverse decisions issued by the United States Patent and Trademark Office...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Issues Unanimous Ruling Denying PTO Attorneys’ Fees for Section 145 Actions

On December 11, 2019, in Peter v. NantKwest, Inc., 589 U.S. __ (2019), the U.S. Supreme Court issued a unanimous decision holding that the U.S. Patent and Trademark Office (PTO) cannot recover the salaries of its legal...more

BakerHostetler

“All Expenses Paid” Is No Trip to the E.D. Va. for Patent and Trademark Applicants

BakerHostetler on

On June 23, 2017, the Federal Circuit confirmed in Nantkwest, Inc. v. Matal (No. 2016-1794) that patent applicants facing rejection from the Patent Trial and Appeal Board (PTAB) may seek relief in the Eastern District of...more

Baker Donelson

Challenging the Denial of a Trademark Application in District Court Just Got More Expensive

Baker Donelson on

In Shammas v. Focarino, the Eastern District of Virginia holds that an applicant must pay the government attorney's fees regardless of the applicant's success in a Section 1071(b) civil matter. ...more

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