Nankwest, Inc. v. Lee

MEMORANDUM OPINION AND ORDER

Gerald Bruce Lee, United States District Judge

THIS MATTER is before the court on Defendant, Michelle K. Lee’s Motion for Expenses (Doc. 78) at the conclusion of a trademark and infringement case, where the Plaintiff elected to bring its appeal of the PTAB’s decision pursuant to 35 U.S.C. § 145.

The first issue is whether 35 U.S.C. § 145’s language requiring Plaintiff to pay for the USPTO’s “expenses” encompasses the payment of the USPTO’s attorney fees, thereby deviating from the American Rule, that each side bears their own attorney’s fees. The second issue is…