A team of Foley attorneys including partner Jonathan Moskin, senior counsels Brian Kapatkin and Katherine Califa and associate Eoin Connolly are appealing to the Fourth Circuit a district court award of $76,000 in attorneys’ fees to the U.S. Patent and Trademark Office stemming from a trademark dispute with the travel site Booking.com that the agency lost.
Both the Fourth Circuit and the Federal Circuit had previously issued panel rulings upholding the USPTO’s demand for attorneys’ fees after certain types of appeals, regardless of who wins the case. But on July 27, the full Federal Circuit reversed that court’s 2017 decision, ruling that the agency’s fee policy violates the so-called American Rule, which holds that the parties generally must pay their own legal fees.
The Foley team, in a July 31 filing, cited the Federal Circuit’s ruling in Booking.com’s appeal before the Fourth Circuit, according to Law360. While acknowledging that the Fourth Circuit is not bound by any Federal Circuit decision, it said the Fourth Circuit’s 2015 ruling in favor of the USPTO “cannot be squared” with U.S. Supreme Court precedent.
“The Federal Circuit in [its July 27 ruling] specifically analyzed the applicable precedent in this jurisdiction…in reaching its contrary conclusion,” the attorneys wrote. “Thus [the ruling] left no doubt as to the bases for the different outcomes.”
Both the Fourth Circuit and the Federal Circuit had previously issued panel rulings upholding the USPTO’s demand for attorneys’ fees after certain types of appeals, regardless of who wins the case. But on July 27, the full Federal Circuit reversed that court’s 2017 decision, ruling that the agency’s fee policy violates the so-called American Rule, which holds that the parties generally must pay their own legal fees.
The Foley team, in a July 31 filing, cited the Federal Circuit’s ruling in Booking.com’s appeal before the Fourth Circuit, according to Law360. While acknowledging that the Fourth Circuit is not bound by any Federal Circuit decision, it said the Fourth Circuit’s 2015 ruling in favor of the USPTO “cannot be squared” with U.S. Supreme Court precedent.
“The Federal Circuit in [its July 27 ruling] specifically analyzed the applicable precedent in this jurisdiction…in reaching its contrary conclusion,” the attorneys wrote. “Thus [the ruling] left no doubt as to the bases for the different outcomes.”
People
Related News
August 13, 2025
In the News
Leigh Riley on Elevating Partner Development with Foley's PEAK Program – 'We can't stop learning'
Foley & Lardner LLP partner Leigh Riley appeared on the Big Law Life podcast to share how Foley is redefining professional development to meet the needs of the firm's partners and the demands of modern legal practice.
August 8, 2025
In the News
Gregory Husisian and David Simon Uncover the High Stakes of Tariff Evasion
Foley & Lardner LLP partners Gregory Husisian and David Simon are featured for their insights on how the U.S. government is cracking down on tariff evaders in the Newsweek article, "America Is Making Billions From Catching 'Tariff Cheaters.'"
August 7, 2025
In the News
Kyle Faget Weighs in on Trump Pharma Tariffs
Foley & Lardner LLP partner Kyle Faget assessed the Trump administration's implementation of import tariffs on the pharmaceutical industry in the Pharma Life Sciences article, "Trump's pharma import tariffs threaten drug pricing, generics."