January 21, 2014
Westlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.
Attorney Fees: PTO could recover attorney fees it expended in action challenging Trademark Trial and Appeal Board (TTAB) decision. Shammas v. Focarino, 2014 WL 31282 (E.D.Va.) In a case of first impression, it was held that the statute permitting the prevailing party in an action challenging a Trademark Trial and Appeal Board (TTAB) decision to recover “all expenses of the proceeding” permitted the Patent and Trademark Office (PTO) to recover the attorney fees it expended in the litigation. The plain meaning of the term “expenses” clearly included attorney fees. Congress’s addition of the word “all” clarified the breadth of the term “expenses.” 2014 WL 31282. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).