Category Archives: Attorneys Fees

USPTO Can Receive Its Attorneys’ Fees for Applicant Appeals to District Court

Author: Yoonhee Kim
Editor: Kevin D. Rodkey

In NantKwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017), the Federal Circuit reversed the district court’s denial of the USPTO’s motion for attorneys’ fees, holding that the “expenses” authorized under 35 U.S.C. § 145 include the USPTO’s attorneys’ fees. Continue reading

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Federal Circuit Affirms Inequitable Conduct for Withholding Evidence and Failing to Correct Representations to PTO

Author: Kristi L. McIntyre
Editor: Lauren J. Dreyer

In Ohio Willow Wood v. Alps South, Nos. 2015-1132, -1133 (Fed. Cir. Feb. 19, 2016), the Federal Circuit affirmed a finding of inequitable conduct.

OWW asserted infringement against Alps South, who sought reexamination of the claims. Appealing a rejection from the reexamination, OWW argued before the Board that certain testimony the examiner relied upon in making his rejection was uncorroborated. The Board agreed, reversing the examiner’s rejection and explaining that the examiner erred in crediting uncorroborated testimony, and the claims were confirmed.

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Treble Attorneys’ Fees Recoverable for Defending Against Fraudulently-Obtained Patent

Author: Kevin D. Rodkey
Editor: Lauren J. Dreyer

In Transweb, LLC v. 3M Innovative Properties Co., No. 14-1646 (Fed. Cir. Feb. 10, 2016), the Federal Circuit affirmed the district court’s finding that 3M was liable for a Walker Process antitrust violation because it had fraudulently obtained its patent through inequitable conduct and sought to enforce the patent. The court concluded that treble attorneys’ fees can serve as the basis for antitrust damages.

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