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IP Alert
IP Alert: Federal Circuit to Review Ruling on USPTO Attorneys’ Fee Awards

August 31, 2017

The Federal Circuit announced today that it will rehear en banc Nantkwest, Inc. v. Matal, a June 2017 decision holding that a party who brings a civil action against the U.S. Patent and Trademark Office (USPTO) under 35 U.S.C. § 145 must pay USPTO attorneys’ fees as part of the costs of the proceeding, regardless of the outcome (discussed in our alert here).

The court will consider the following issue:

Did the panel in NantKwest, Inc. v. Matal, 860 F.3d 1352 (Fed. Cir. 2017) correctly determine that 35 U.S.C. § 145’s “[a]ll the expenses of the proceedings” provision authorizes an award of the United States Patent and Trademark Office’s attorneys’ fees?

Fitch Even attorneys are monitoring this case and will report its outcome in a future alert.

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