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...

Following up on Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., from our firm Fall 2018 Newsletter article, on June 22, 2019, the U.S. Supreme Court unanimously affirmed the judgment of the U.S. 

On October 26, 2018, the U.S. Supreme Court granted certiorari, in part, to review Return Mail, Inc. v. United States Postal Service, et al. The question before the Supreme Court is whether the government is a ”˜person”™ who may petition to institute review proceedings under the 2011 America Invents Act (“AIA”).

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.