502.05 Attorneys’ Fees, etc., on Motions
The Board will not hold any person in contempt, or award attorneys’ fees, other expenses, or damages to any party. [ Note 1.]
NOTES:
1. 37 CFR § 2.127(f); NSM Resources Corp. v. Microsoft Corp., 113 USPQ2d 1029, 1035 n.10 (TTAB 2014) (Board cannot assess monetary damage awards); General Mills Inc. v. Fage Dairy Processing Industries SA, 100 USPQ2d 1584, 1591 (TTAB 2011) (no authority to determine damages), judgment set aside on other grounds, slip op. 91118482 (TTAB Jan. 22, 2014); Kairos Institute of Sound Healing, LLC v. Doolittle Gardens, LLC, 88 USPQ2d 1541, 1544 n.6 (2008); Central Manufacturing Inc. v. Third Millennium Technology Inc., 61 USPQ2d 1210, 1213 (TTAB 2001) ("although the Board does not impose monetary sanctions or award attorneys’ fees or other expenses, the Board has the authority to enter other appropriate sanctions"); Duke University v. Haggar Clothing Co., 54 USPQ2d 1443, 1445 n.3 (TTAB 2000). See also 37 CFR § 2.120(f) and 37 CFR § 2.120(g)(1). Note, however, that conduct in violation of the Disciplinary Rules set forth in 37 CFR parts11 may be referred to the Office of Enrollment and Discipline (OED) for appropriate action. See 37 CFR § 11.19 et seq.