U.S. Supreme Court,
Civil Litigation,
Intellectual Property
Nov. 5, 2019
Will the U.S. Supreme Court curtail the USPTO’s fee grab?
Given the statutory language, the importance of the so-called “American Rule” to the issue of fee shifting, and the public policy benefits of preventing government overreach, the Supreme Court is likely to conclude that the USPTO’s attempt to recover attorney fees is impermissible.
Bobby Ghajar
Partner
Cooley LLP
Email: bghajar@cooley.com
Bobby is a partner in the firm's Trademark, Copyright, and False Advertising Practice Group. He has handled dozens of high-stakes litigation and appellate matters for some of the top brand owners in the world. For several years, World Trademark Review has listed him as one of only a few lawyers in California with a "Gold" ranking for trademark enforcement and litigation; the Daily Journal has recognized him as one of the top IP litigators in California; and he is ranked by Legal 500 as a leading trademark litigator.
Marcus Peterson
Associate
Cooley LLP
Email: mpeterson@cooley.com
Marcus an associate in the firm's Trademark, Copyright, and False Advertising Practice Group. He offers clients a full-range trademark practice, including counseling, clearance, prosecution, enforcement, and litigation. He also litigates in state and federal court in disputes regarding trademarks, copyrights, right of publicity, false advertising, Stored Communications Act, breach of contract, and wrongful termination; with successful resolution at the pleading stage, on summary judgment, and at trial.
In the coming months, the United States Supreme Court will decide whether the U.S. Patent and Trademark Office is entitled to collect attorney fees when an applicant challenges the USPTO's denial of a patent by initiating litigation in a district court. Under the current practice, the USPTO will seek compensation for its fees incurred in defending its decision in the district court under a statute allowing it to recover "all expenses of the proceedings" -- even when i...
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