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Statutory Interpretation American Rule

Pullman & Comley, LLC

Show Me the Money: When and How You Can Recover Attorney’s Fees Following a Successful Appeal

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One of the questions that comes up often in the context of appeals is whether a successful party to an appeal may recover their attorney’s fees, and if so, under what circumstances. As usual, the short answer is our favorite...more

Troutman Pepper Locke

The American Rule Is Still the Rule

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Laura Peter, Deputy Director, Patent and Trademark Office v. NantKwest, Inc., No. 18-801 (December 11, 2019) - Yesterday, the Supreme Court overruled a recent interpretation of 35 USC §145 by the U.S. Patent and Trademark...more

Jones Day

Fear No Fees: No Payment of PTO Attorneys' Fees for District Court Patent Review

Jones Day on

This decision should be a welcome development for patent applicants seeking review. On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794...more

Jones Day

Federal Circuit: “All the Expenses” Does Not Mean “Attorneys’ Fees”

Jones Day on

Last Friday, the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018). The Court held, by a 7-4 vote (Judge Chen, the former PTO Solicitor, was recused), that if the...more

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