Peter v. NantKwest, Inc. (S. Ct. Dec. 11, 2019)
- quantumpat
- May 24, 2021
- 1 min read
In a district court proceeding brought under 35 U.S.C. 145, the United States Patent and Trademark Office cannot recover the pro rata salaries of attorneys and a paralegal, and each litigant pays its own attorneys' fees "win or lose, unless a statute or contract provides otherwise" in accordance with the 'American rule' (i.e., the presumption against fee shifting).
Read the case here.