Utility Patent

The Supreme Court denied certiorari in EscapeX IP v. Google, leaving in place a Federal Circuit decision affirming over $250,000 in attorney-fee sanctions against a patent plaintiff that pursued a ‘frivolous’ infringement suit against YouTube Music.

The Supreme Court unanimously held that the American Rule prevents the USPTO from recovering its attorney’s fees from unsuccessful applicants in § 145 civil actions, even though the statute requires applicants to pay “all expenses” of the proceeding.