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PETER v. NANTKWEST, INC.

No. 18-801.

140 S.Ct. 365 (2019)

Laura PETER, Deputy Director, Patent and Trademark Office, Petitioner v. NANTKWEST, INC.

Supreme Court of United States.

Decided December 11, 2019.

Attorney(s) appearing for the Case

Malcolm L. Stewart , for the petitioner.

Morgan Chu , Los Angeles, CA, for the respondent.

Sarah Harris , General Counsel, Thomas W. Krause , Solicitor, William LaMarca , Thomas L. Casagrande , Mai-Trang Dang , Associate Solicitors, United States Patent and, Trademark Office, Alexandria, VA, Noel J. Francisco , Solicitor General, Joseph H. Hunt , Assistant Attorney, General, Malcolm L. Stewart , Deputy Solicitor General, Matthew Guarnieri , Assistant to the Solicitor, General, Mark R. Freeman , Charles W. Scarborough, Jaynie Lilley , Attorneys, Department of Justice, Washington, DC, for the Petitioner.

Morgan Chu , Gary N. Frischling , Alan J. Heinrich , Lauren N. Drake , Michael D. Harbour , John P. Long , Irell & Manella LLP, Los Angeles, CA, for Respondent NantKwest, Inc.

Section 145 of the Patent Act affords applicants "dissatisfied with the decision of the Patent Trial and Appeal Board" an opportunity to file a civil action in the United States District Court for the Eastern District of Virginia. 35 U.S.C. § 145. The statute specifies that "[a]ll the expenses...

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