United States Fourth Circuit

In a suit under the Lanham Act, 15 U.S.C. sections 1051-1141n, the district court's grant of the PTO Director-defendant's request for plaintiff to pay for the government's attorney and paralegal salaries required to defend the action is affirmed where: 1) the imposition of all expenses on a plaintiff in an ex parte proceeding, regardless of whether he wins or loses, does not constitute fee-shifting that implicates the American Rule but rather an unconditional compensatory charge imposed on a dissatisfied applicant who elects to engage the PTO in a district court proceeding; and 2) this compensatory charge encompasses the PTO’s salary expenses for the attorneys and paralegals who represent the Director.

Appellate Information

• Decided 04/23/2015
• Published 04/23/2015

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel