The Patent and Trademark Office is contesting a district court’s decision that a failed patent applicant doesn’t have to pay the office’s attorneys’ fees in a civil action (NantKwest Inc. v. Lee, Fed. Cir., No. 16-1794, appeal filed 4/5/16).
The PTO filed its appeal April 5 at the U.S. Court of Appeals for the Federal Circuit.
Charles E. Miller of Eaton & Van Winkle LLP, New York, told Bloomberg BNA that the appeal is not surprising.
“It is pretty much an open secret” that the office has been disdainful of the applicant’s ability to make new arguments and ...