By: Derek Hawkins//January 8, 2020//
United States Supreme Court
Case Name: Laura Peter, et al. v. Nantkwest, Inc.
Case No.: 18-801
Focus: Statutory Interpretation – Patent Act – Expenses
Section 145 of the Patent Act affords applicants “dissatisfied with the decision of the Patent Trial and Appeal Board” an opportunity to file a civil action in the United States District Court for the Eastern District of Virginia. 35 U. S. C. §145. The statute specifies that “[a]ll the expenses of the proceedings shall be paid by the applicant.” Ibid. The question presented in this case is whether such “expenses” include the salaries of attorney and paralegal employees of the United States Patent and Trademark Office (PTO). We hold that they do not.
Affirmed
Dissenting:
Concurring: