Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

IPWatchdog
NYIPLA Urges Supreme Court Not to Award USPTO Staff Attorney Salaries as ‘Expenses’ in Patent Appeals to ED of Virginia

July 10, 2019
Author(s): Charles R. Macedo, David Goldberg, Barak Bacharach

On June 25, 2019, the New York Intellectual Property Association (NYIPLA) filed an Amicus Brief in support of the Respondent in Peter v. NantKwest, Inc., No. 18-801, pending before the Supreme Court. NantKwest raises the issue of whether patent applicants who are dissatisfied with U.S. Patent and Trademark Office (USPTO) decisions and subsequently appeal to the U.S. District Court of the Eastern District of Virginia must pay USPTO staff attorney salaries as part of “[a]ll the expenses of the proceedings” under 35 U.S.C. Section 145, which allows applicants to pursue a civil action against decisions of the USPTO Director.

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