Patent Applicant Appealing a Patent and Trial Appeal Board Decision in District Court Must Pay All Expenses Including Attorney’s Fees Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017). In Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017), the Federal Circuit reversed the decision of the District Court for the Eastern District of Virginia which had held that the term “expenses” in 35 U.S.C. § 145 does not include attorney’s fees. Section 145 provides that a patent applicant dissatisfied with the decision of Patent and Trial Appeal Board (“PTAB”) may appeal directly to the District Court for the Eastern District of Virginia in lieu of the immediate appeal to the Federal Circuit. The statute further...