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Peter v. NantKwest, Inc. – USPTO cannot recover attorney’s fees under 35 U.S.C. § 145 judicial review

Supreme Court - On December 3, 2019, the U.S. Supreme Court unanimously decided Peter v. NantKwest, Inc., holding the term “expenses” in the phrase “[a]ll the expenses of the proceedings shall be paid by the applicant” in § 145 of the Patent Act (35 U.S.C.) did not allow the U.S. Patent and Trademark Office to recover attorneys’ fees associated with defending the agency in § 145 litigation…

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