Michael Best Partner Shane Brunner was quoted in Reuters Westlaw Journal Intellectual Property’s article “Federal Circuit hands patent applicant win in bout over PTO’s attorney fees” on August 10, 2018.
“Michael Best & Friedrich partner Shane Brunner said the court’s ruling may have been driven by a desire to keep district court litigation as a viable option for dissatisfied patent applicants, as the cost of attorneys alone ‘can be enough to dissuade a prospective litigant.’
‘The PTO’s proposed requirement that the patent applicant pay its own attorney fees and the government’s attorney fees, win or lose, would make Section 145 challenges impossible for the many patent applicants lacking the financial wherewithal to pay both side’s fees,’ Brunner said.
‘By reading ‘expenses’ to not include attorney fees, the Federal Circuit made it more likely that an applicant will bring a Section 145 challenge and that district courts will correct erroneous PTAB decisions,’ he said.”
To read the article, click here.