Section 145 ‘Expenses’ Include Attorney Fees, PTO Argues In High Court Reply Brief

Mealey's (September 13, 2019, 12:01 PM EDT) -- WASHINGTON, D.C. — With U.S. Supreme Court oral arguments approaching, merits briefing concluded Aug. 14 in a dispute over whether Section 145 of the Patent Act provides for an award of attorney fees to a prevailing party, with the U.S. Patent and Trademark Office (PTO) arguing in its reply brief that the American Rule does not preclude such awards because the statute allows for an award of “expenses,” which typically include attorney fees (Laura Peter v. NantKwest Inc., No. 18-801, U.S. Sup.)....