Divided, En Banc Panel: Fees Unavailable For PTO In Section 145 Actions

Mealey's (July 27, 2018, 1:19 PM EDT) -- WASHINGTON, D.C. — In a July 27 en banc ruling, a divided Federal Circuit U.S Court of Appeals affirmed a Virginia federal judge’s determination that the U.S. Patent and Trademark Office (PTO) may not recover its attorney fees upon a successful defense of an action filed pursuant to Section 145 of the Patent Act, 35 U.S.C. § 145, in district court (NantKwest Inc. v. Joseph Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.)....