PTO Civil Action Update: Shammas Down, NantKwest Next

March 11, 2016, 5:00 AM
  • Summary:
    Summary: PTO ability to pass on attorneys’ fees to disappointed applicants still an open question.

The Patent and Trademark Office’s apparent strategy of using attorneys’ fees to discourage civil action against it—boosted this month when the Supreme Court declined to review the matter in a trademark case—remains at issue in a patent case ruling that curtails the practice.

The denial left intact the Shammas v. Hirshfeld decision by the Fourth Circuit 80 PTD, 4/27/15, 80 DER, 4/27/15, 90 PTCJ 1855, 5/1/15, which had affirmed a ruling by Judge T.S. Ellis II of the U.S. District Court for the ...

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