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Patent Office Can’t Get Lawyers’ Fees, NantKwest Tells Justices

July 16, 2019, 6:14 PM

Attorneys fees aren’t expenses that the Patent and Trademark Office can recover from litigants, biotechnology company NantKwest told the U.S. Supreme Court in a brief.

NantKwest asked the high court July 15 to uphold a federal appeals court ruling that it doesn’t owe legal fees to the patent office. The agency says patent law allows it to recover all expenses in district court proceedings, whether it wins or loses. NantKwest had sued the agency for rejecting its cancer treatment plant.

Legal practitioners and patents applicants are watching closely to see if the high court will clarify whether federal law allows...

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