ARE Patent Law Alert:
The US Supreme Court Holds that the USPTO Cannot Be Reimbursed for Salaries of Its Legal Personnel in Appeals Under § 145 of the Patent Act
Supreme Court of the United States unanimously held in Peter v. NantKwest, Inc. that the term “expenses” in 35 U.S.C. § 145 does not include attorney’s fees, and that the United States Patent and Trademark Office (“USPTO”) cannot recover the salaries of its attorneys and paralegals in appeals brought under that section of the Patent […]
In The Press:
IPWATCHDOG turns to Associate David Goldberg For Views on SCOTUS Decision in Peter v. Nantkwest
IPWatchdog turns to David Goldberg, an associate at the firm and Co-Chair of the NYIPLA Amicus Brief Committee for his views on the U.S. Supreme Court Decision in Peters v. Nantkwest: "And David Goldberg, Associate Attorney at Amster, Rothstein & Ebenstein LLP and Co-Chair of the Amicus Briefs Committee for the New York Intellectual Property […]
AR&E TRADEMARK LAW ALERT: SUPREME COURT HOLDS TRADEMARK LICENSE CANNOT BE RESCINDED IN BANKRUPTCY IN MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY, LLC
(May 22, 2019), On May 20, 2019, the U.S. Supreme Court strengthened trademark licenses by holding that a bankrupt debtor’s right to reject certain contracts under Section 365(a) of the Bankruptcy Code does not permit the debtor to rescind trademark licenses. See Mission Product Holdings, Inc. v. Tempnology, LLC, […]