Faculty Alexandra H. Moss, Associate, Durie Tangri LLP (San Francisco) Rudolph A. Telscher, Principal, Harness Dickey & Pierce PLC (St. Louis) M. Kelly Tillery, Partner, Pepper Hamilton LLP (Philadelphia) Course Description A panel of prominent patent infringement attorneys address a range of issues in
patent attorney fee awards since the Octane Fitness and Highmark Supreme Court rulings.
Not exact matches
But without a majority decision on Halo, it could be more difficult for district courts to
award attorneys»
fees to prevailing parties in
patent troll cases, which every year sap billions of dollars in such
fees.
The Supreme Court has previously noted that the
fee - shifting provision of the
Patent Act, which permits district courts to
award attorney's
fees to prevailing parties in «exceptional cases,» is «similar» to Section 505 of the Copyright Act, which merely permits a court to
award reasonable
attorney's
fees at its discretion.
But elsewhere in February, federal judges in two states slapped separate Medtronic divisions with huge
attorneys»
fees awards over their litigation tactics in
patent cases — one in Massachusetts for $ 10 million - plus and another in Colorado expected to total several million dollars.
Silicon Valley IP Litigation partner Shawn Hansen provides commentary in this article discussing how two Supreme Court rulings have helped accused
patent infringers gain leverage to resolve weak cases earlier and get
attorneys»
fees awarded.
Aug. 10, 2017)(published)(Hughes, J.), a district judge
awarded a prevailing defendant over $ 3.9 million in
attorney's
fees under Section 285 of the
Patent Act (35 U.S.C. § 285).
In the dual cases of Octane Fitness / Highmark, the U.S. Supreme Court adopted a very flexible «under the circumstances» test for
awarding attorney's
fees under a
patent -
fee shifting statute for «exceptional» cases.
Successfully defended wearable technology company in
patent infringement litigation, resulting in judgement of non-infringement and
award of
attorneys»
fees based on finding that it was an «exceptional case» under 28 U.S.C. § 285.
Holmes: From my perspective, the time to reconsider
attorney fee awards has come, and, if the Supreme Court agrees, the impact upon technology and other companies that are victims of
patent trolls will be significant.
Successfully defended leading heavy equipment producer in a
patent infringement case relating to hydraulic control systems in which district court
awarded our client
attorneys»
fees and Federal Circuit affirmed.
A new study by MLex uses Lex Machina data to show that more and more district courts are granting
attorneys fees requests: Nearly six months after the US Supreme Court made it easier to
award attorneys»
fees in «exceptional»
patent cases, US district court judges are increasingly sanctioning parties for filing frivolous lawsuits or engaging in litigation misconduct — except in the most popular place to file a
patent suit: the Eastern District of Texas.
Nearly six months after the US Supreme Court made it easier to
award attorneys»
fees in «exceptional»
patent cases, US district court judges are increasingly sanctioning parties for filing frivolous lawsuits or engaging in litigation misconduct — except in the most popular place to file a
patent suit: the Eastern District of Texas.
Primary elements of the bill would create a presumption of
awarding attorney fees to the prevailing party and ensuring that those financing litigation can be held liable if the assertion entity is undercapitalized; requiring higher pleading standards for
patent cases; and limiting discovery until after claim construction.
In their appeal, AlphaCap Ventures»
attorneys argue that the law of
patent eligibility — particularly the law regarding when a claimed invention is an abstract idea and thus ineligible for
patent protection — is so unsettled that a court should never
award fees when a party loses on the issue.
Another 2014 Supreme Court decision made it easier to
award attorneys»
fees to the winners in
patent cases.