Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

In The Press:
IPWATCHDOG turns to Associate David Goldberg For Views on SCOTUS Decision in Peter v. Nantkwest

December 11, 2019

IPWatchdog turns to David Goldberg, an associate at the firm and Co-Chair of the NYIPLA Amicus Brief Committee for his views on the U.S. Supreme Court Decision in Peters v. Nantkwest:

"And David Goldberg, Associate Attorney at Amster, Rothstein & Ebenstein LLP and Co-Chair of the Amicus Briefs Committee for the New York Intellectual Property Law Association (NYIPLA), which submitted amicus briefs in the Shammas, NantKwest, and cases on this issue, said that NYIPLA has long “taken the position that the American Rule clearly applies to trademark appeals under 15 U.S.C § 1071(b) and patent appeals under 35 U.S.C. § 145.” Goldberg added that NYIPLA is pleased with the decision and expects the Justices to “make a similar clarification on the trademark side when they consider the appeal (no. 18-1309) in their conference of December 13, 2019.”
SCOTUS Holds in NantKwest that USPTO Cannot Be Reimbursed for Salaries of Legal Personnel
By Eileen McDermott (December 11, 2019)

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Partner Charles R. Macedo and associate David Goldberg submitted an Amicus Brief on behalf of the NYIPLA in Peter v. Nantkwest to the Supreme Court as well as other related petitions in Shammas and Booking. Copies of those amicus briefs are available at Shammas Amicus Brief and Booking Amicus Brief. For more information on this decision, please see our ARELAW Alert here.

SCOTUS Holds in NantKwest that USPTO Cannot Be Reimbursed for Salaries of Legal Personnel

The Supreme Court ruled in Peter v. NantKwest today that the U.S. Patent and Trademark Office (USPTO) cannot recover the salaries of USPTO attorneys and paralegals who work on civil actions ...

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