The USPTO had historically sought relatively minor expenses such as travel costs and expert fees. However, in 2013, the USPTO began seeking reimbursement of its attorneys’ fees, whether or not the appeal was affirmed or remanded.
Parties have argued this approach violates the “American Rule” that litigants generally pay their own legal fees unless the prevailing party is entitled to recover its fees either by statute and/or contractual right.
In 2015, the Fourth Circuit approved the USPTO’s policy. However, in July the en banc Federal Circuit overturned its prior ruling on this policy and found the USPTO’s policy violated the American Rule.
The USPTO claims the reimbursement of fees are necessary to pay for the more expensive de novo appellate option. Opponents of the policy argue the policy makes district court appeals too expensive and only available for the richest applicants.
Stay tuned for further updates and the US Supreme Court decision on this issue.
If you have questions or would like to learn more about how our trademark litigation attorneys at Widerman Malek can help, contact us today.
The Federal Trade Commission (FTC) has made a recent announcement of a final rule banning…
Receiving a notice from the Internal Revenue Service (IRS) that you're being audited can be…
In the world of business, protecting proprietary information and retaining top talent are crucial components…
In the world of cinema, few vehicles are as iconic and beloved as the DeLorean…
The United States Patent and Trademark Office (USPTO) is set to implement a significant overhaul…
As reviewing courts, Florida’s District Courts of Appeal serve as vital pillars of Florida’s judicial…