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Federal Circuit to hear USPTO attorneys' fees issue en banc

Michael Loney, New York


Parties have been asked to brief on the issue of whether Section 145’s “[a]ll the expenses of the proceedings” provision authorises an award of the USPTO’s attorneys’ fees, after the Federal Circuit ordered a sua sponte rehearing en banc of Nantkwest v Matal

Federal Circuit building 285The Federal Circuit has ordered a sua sponte rehearing en banc of Nantkwest v Matal. The case is appealed from the Eastern District of Virginia.

The appeal court’s June opinion, filed by Judge Prost and joined by Judge Dyk, has...


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