NANTKWEST, INC., Plaintiff-Appellee
v.
Andrei IANCU, Under Secretary of Commerce for Intellectual Property and Director if the United States Patent and Trademark Office, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
ANTHONY J. DREYER , Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, for amicus curiae International Trademark Association. Also represented by MARK N. MUTTERPERL , Zeisler PLLC, New York, NY.
GREGORY A. CASTANIAS , Jones Day, Washington, DC, for amicus curiae Intellectual Property Owners Association. Also represented by DANIEL KAZHDAN ; HENRY S. HADAD , Bristol-Myers Squibb Company, Princeton, NJ; MARK W. LAUROESCH , Intellectual Property Owners Association, Washington, DC; STEVEN W. MILLER , Global Legal Department, Procter & Gamble Company, Cincinnati, OH.
PATRICK RICHARD DELANEY , Ditthavong & Steiner, P.C., Alexandria, VA, for amicus curiae Realvirt, LLC.
CHARLES ERIC MILLER , Eaton & Van Winkle LLP, New York, NY, for amici curiae Isshiki & Co., Hiraide & Takahashi.
Dissenting opinion filed by Chief Judge Prost, in which Circuit Judges Dyk, Reyna, and Hughes join.
Stoll, Circuit Judge.
When the United States Patent and Trademark Office's Patent Trial and Appeal Board ("Board") affirms an examiner's rejection of a patent application, § 145 of the Patent Act permits the disappointed applicant to challenge the Board's decision in district court. Applicants who...
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