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.
Post by Paul Serbinowski What must the specification disclose to enable broad functional claim language? A week ago in Amgen Inc. v. Sanofi, the U.S. Supreme Court considered what the specification mu
In Ascend Performance Materials Operations LLC v. Samsung SDI Co., Ltd., Samsung SDI argued that the Patent Trial and Appeal Board (PTAB)’s final written decision was improper on several grounds and p