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35 U.S.C. § 285 Appeals Patent Trial and Appeal Board

McDermott Will & Emery

No Attorneys’ Fees Available for Successful IPR in Parallel Court Proceedings

The US Court of Appeals for the Federal Circuit concluded that a party that voluntarily elects to pursue parallel proceedings before the Patent Trial & Appeal Board and the district court is not entitled to recover attorneys’...more

Sheppard Mullin Richter & Hampton LLP

OneSubsea IP UK Ltd. v. FMC Tech., Inc., No. 22-1099 (Fed. Cir. May 23, 2023)

This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285 and certain circumstances that do not make a case...more

Mintz - Intellectual Property Viewpoints

Attorney Fees Denied by Federal Circuit Where Case Was Voluntarily Dismissed Without Prejudice

In an April 13, 2020, decision, the Federal Circuit held that neither a voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i), nor a stay of a patent lawsuit pending the results of a patent reexamination,...more

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