The first scene in the iconic dystopian 1985 sci-fi movie Brazil by Terry Gilliam (one of the Monty Python troop) is of a peaceful citizen being snatched from his comfy chair by jackbooted, black-clad members of a SWAT team, who unceremoniously stuff him into a body bag-restraint as they take him away.  As a final insult, they leave something behind for his wife and family -- a bill, for the cost of taking him into custody.

This scene came to mind when a panel of the Federal Circuit held, on June 23rd of this year, that the provision of 35 U.S.C. § 145 (Civil Action to Obtain a Patent) providing that all expenses of the proceedings be borne by the plaintiff/appellant be construed to mean that a court can award attorney's fees to the Patent Office.  This decision came as somewhat of a surprise to many at the time, and it seems to have raised eyebrows to a sufficient number of Federal Circuit judges that the Court today issued a per curiam, sua sponte order that the question be heard en banc.  The order requests the parties submit briefs addressing this question:

Did the panel in NantKwest, Inc. v. Matal, 860 F.3d 1352 (Fed. Cir. 2017) correctly determine that 35 U.S.C. § 145's "[a]ll the expenses of the proceedings" provision authorizes an award of the United States Patent and Trademark Office's attorneys' fees?

Appellant's brief is due Monday, October 16th, and appellee's brief is due Tuesday, November 14th.  Amicus briefs "will be entertained" on the question, without requiring consent of the parties or leave from the Court but subject to Fed. R. App. P. 29 and Federal Circuit Rule 29.