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U.S. Supreme Court

February 25, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

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...

March 14, 2019 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

Iancu v. Brunetti

On January 4, 2019, the U.S. Supreme Court granted certiorari in Iancu v. Brunetti. On appeal from the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”), the Supreme Court will answer the question of whether § 2(a) of the Lanham Trademark Act (“§ 2(a)”), which prohibits the federal registration of “immoral” or “scandalous” trademarks (“scandalous provsion”), is a violation of the First Amendment”™s free speech clause.


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