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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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