Wednesday, March 09, 2016

Supreme Court Denies Certiorari Petition in Shammas Attorney Fees Case

On Monday, March 7, 2016, the Supreme Court denied the petition for a writ of certiorari filed by Milo Shammas in Shammas v. Hirschfeld, formerly known as Shammas v. Focarino.  Shammas sought to overturn a ruling of the Fourth Circuit that in a Section 1071(b) civil action for review of an ex parte TTAB decision, the plaintiff/applicant must pay the PTO's expenses (including attorney and paralegal fees), win or lose (allegedly contrary to the "American Rule").

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Text Copyright John L. Welch 2016.


At 11:18 AM, Blogger Pamela Chestek said...

I think we received a strong signal to put all your evidence before the Board and appeal directly to the Federal Circuit, don't waste the district court's time.


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