In another noteworthy year for patent law, the U.S. Supreme Court and the Federal Circuit issued several decisions that altered the patent landscape, including three Supreme Court decisions. The topics of the key cases...more
As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys spent on the...more
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
8/10/2018
/ 35 U.S.C. § 145 ,
Administrative Proceedings ,
American Rule ,
Attorney's Fees ,
En Banc Review ,
Litigation Fees & Costs ,
Patent Litigation ,
Patents ,
Split of Authority ,
Statutory Interpretation ,
Trademarks ,
USPTO
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
7/31/2018
/ 35 U.S.C. § 145 ,
Administrative Proceedings ,
American Rule ,
Appeals ,
Attorney's Fees ,
Fee-Shifting ,
Intellectual Property Owner’s Association (IPO) ,
Litigation Fees & Costs ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patents ,
Statutory Interpretation ,
USPTO