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Tag Archives: Patent Act

U.S. Supreme Court Strikes down USPTO’s Request for Attorney’s Fees

Posted in IP, Patent Law, Uncategorized

In a unanimous ruling, the U.S. Supreme Court in Peter v. NantKwest, case number 18-801, struck down the U.S. Patent and Trademark Office’s (USPTO) recent and often-criticized effort to recoup its legal fees – even in cases it loses – because it violates the so-called American Rule, which says U.S. litigants must typically pay for… Continue Reading

U.S. Supreme Court Limits Laches Defense in Patent Cases

Posted in Patent Law

In SCA Hygiene Products AB et al. v. First Quality Baby Products LLC et al., the United States Supreme Court held that laches cannot be invoked as a defense against a claim for patent infringement damages brought within U.S.C §286’s 6-year limitations period.  The U.S. Court of Appeals for the Federal Circuit had previously held… Continue Reading