NANTKWEST, INC. v. MATAL

2016-1794.

860 F.3d 1352 (2017)

NANTKWEST, INC., Plaintiff-Appellee v. Joseph MATAL, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: June 23, 2017.


Attorney(s) appearing for the Case

ALAN J. HEINRICH , Irell & Manella LLP, Los Angeles, CA, argued for plaintiff-appellee. Also represented by MORGAN CHU , LAUREN NICOLE DRAKE , GARY N. FRISCHLING ; SANDRA HABERNY , Newport Beach, CA.

JAYNIE RANDALL LILLEY , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by MARK R. FREEMAN , DANA J. BOENTE , BENJAMIN C. MIZER ; NATHAN K. KELLEY , THOMAS W. KRAUSE , SCOTT C. WEIDENFELLER , THOMAS L. CASAGRANDE , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

MARK N. MUTTERPERL , Zeisler PLLC, New York, NY, for amicus curiae International Trademark Association.

Dissenting opinion filed by Circuit Judge Stoll.


Nantkwest, Inc. appeals from a decision of the United States District Court for the Eastern District of Virginia granting-in-part and denying-in-part the United States Patent and Trademark Office ("USPTO") Director's motion for fees. In its order, the district court granted the Director's requested witness' fees but denied the...

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