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Peter v. NantKwest, Inc. (S. Ct. Dec. 11, 2019)

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.

#attorneyfees #Americanrule #35usc145

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