PTO Tells Supreme Court It Is Entitled To Attorney Fees Award Under Section 145

Mealey's (May 24, 2019, 10:49 AM EDT) -- WASHINGTON, D.C. — Although Section 145 of the Patent Act does not explicitly mention attorney fees as a recoverable cost for the prevailing party in a patent validity suit brought under the statute, the U.S. Patent and Trademark Office (PTO) argues in a May 17 merits brief to the U.S. Supreme Court that the Federal Circuit U.S. Court of Appeals’ finding that such an award was precluded under the American Rule runs counter to the purposes of Section 145 (Laura Peter v. NantKwest Inc., No. 18-801, U.S. Sup.)....