Peter v. NantKwest, Inc.

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent
AUTHOR
Sotomayor

Question(s) Presented

“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 of the proceedings shall be paid by the applicant.’ Ibid. The question presented in this case is whether such ‘expenses’ include the salaries of attorney and paralegal employees of the United States Patent and Trademark Office (PTO).”

Holding

“We hold that they do not.”

Date
Proceedings and Orders
October 5, 2018
Application (18A369) granted by The Chief Justice extending the time to file until November 23, 2018.
November 13, 2018
Application (18A369) to extend further the time from November 23, 2018 to December 21, 2018, submitted to The Chief Justice.
November 14, 2018
Application (18A369) granted by The Chief Justice extending the time to file until December 21, 2018.
February 6, 2019
DISTRIBUTED for Conference of 2/22/2019.
February 25, 2019
DISTRIBUTED for Conference of 3/1/2019.
March 4, 2019
Petition GRANTED.
April 3, 2019
Motion to extend the time to file the briefs on the merits is granted. The time to file joint appendix and petitioner's brief on the merits is extended to and including May 17, 2019. The time to file respondent's brief on the merits is extended to and including July 15, 2019.
July 1, 2019
SET FOR ARGUMENT on Monday, October 7, 2019.
August 1, 2019
CIRCULATED
August 16, 2019
Record requested from the U.S.C.A. Federal Circuit.
August 27, 2019
Record from the U.S.C.D.Federal Circuit is complete and located on PACER.
October 7, 2019
Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mr. Morgan Chu, Los Angeles, Cal.
December 11, 2019
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.
January 13, 2020
JUDGMENT ISSUED.