Supreme Court Will Decide Whether "All the Expenses" Includes "Attorneys’ Fees", PTAB Litigation Blog

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As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys spent on the case. See NantKwest, Inc. v. Iancu, 898 F.3d 1177 (Fed. Cir. 2018) (en banc). On March 4, the Supreme Court decided to take up this question. Iancu v. NantKwest, Inc., No. 18-801, 2019 WL 1005844 (U.S. Mar. 4, 2019).

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