Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

In The Press:Charles R. Macedo Interviewed by Chandler Sturm in New York Intellectual Property Association’s Pod Bites Podcast Series Discussing Peter v. NantKwest

 The New York Intellectual Property Association 

The New York Intellectual Property Association (NYIPLA) featured a podcast with partner Charles Macedo on the Peter v. Nanktwest decision in its Pod Bites series. Charley was interviewed by law clerk Chandler Sturm.

The podcast delves into a unanimous decision by the Supreme Court in December 2019 that held that the U.S. Patent and Trademark Office (PTO) is not entitled to be reimbursed for attorney’s fees from patent applicants who file appeals against USPTO decisions under 35 USC § 145.

The case reinforced the application of the American rule, a default principle in U.S. law which says two opposing sides in a legal matter must pay their own attorney fees, regardless of who wins the case unless there is a legal or contractual requirement that says otherwise. This case has garnered attention from many intellectual property and law associations, many of which filed amicus briefs arguing against the government's request for attorney's fees from the plaintiff.

In May 2019, Charles Macedo and David Goldberg filed an amicus brief on behalf of the New York Intellectual Property Association in this case.

Listen to the full podcast.



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