The Chartwell Chronicles: New Jersey Attorney Fees
Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
How to Secure Advances to Fund Legal Fees
Legislative Update: Cannabis, COVID-19, COMAR and More
Let's Talk About How Much It Costs To Get Divorced
Employment Law and Attorney Fees from the Employee Perspective | Jason Smith | Texas Appellate Law Podcast
Let's Talk Retaining a Family Law Lawyer
The Dangers of Untimely Filings – What Employers Need to Know
THE PAPER CHASE
VIDEO: Are PA Workers Compensation Attorney Fees Now Taken from Medical Benefits Too?
What Should I Do If My Employer Failed to Pay Me Wages?
6 Key Takeaways | Ethics Developments in California
Meritas Capability Webinar - Controlling Where to Fight and Who Pays for it?
Who pays attorney fees in a divorce proceeding?
SEC Whistleblower Program: What Employers Need to Know
Bill on Bankruptcy: Lawyers Must Disclose What Clients Pay
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Appeal No. 2023-1035 (Fed. Cir. August 23, 2024) In its only precedential patent decision this week, the Federal Circuit helped clarify which facts may be...more
In Dragon Intellectual Property LLC v. Dish Network L.L.C. No. 22-1621 (Fed. Cir. May 20, 2024), the Federal Circuit clarifies the standard for “exceptional” cases under 35 U.S.C. § 285. The case concerns attorneys’ fees and...more
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
[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more
Precedential Federal Circuit Opinions KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. [OPINION] (2021-1638, 10/7/21) (Newman, Prost, Chen) - Chen, J. Denying motion for preliminary injunction. Patentee sought to compel...more
Let’s face it, any litigation is expensive and a defendant that finds itself spending money battling claims against it only to have those claims later dismissed by the plaintiff is likely going to want to try to recoup the...more
In Amneal Pharmacueticals LLC v. Almirall, LLC, the Federal Circuit professed to address a question it had not considered before: whether attorney's fees and a exceptional case determination was available for fees and costs...more
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more
A magistrate judge determined that a prevailing party in a district court litigation could be entitled to an award of attorneys’ fees based solely on conduct during an inter partes review (IPR) proceeding. In September...more
Inter partes review (“IPR”) proceedings often arise in the context of high-stakes patent infringement litigation, and district courts frequently stay litigation pending parallel IPRs, which may fully resolve a...more
Federal Circuit Summaries - Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana. Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District...more
A recent opinion from the District of New Jersey is a cautionary tale for patent practitioners regarding conduct during patent prosecution that can be framed as bad faith. This can become an expensive misstep during...more
District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more
District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more
In AdjustaCam v. Newegg, the Circuit reverses the denial of attorney fees where Judge Gilstrap simply adopted a pre-Octane Fitness determination by a prior judge, despite the Circuit’s post-Octane Fitness remand of the case...more
Withdrawal of Claims During Prosecution Can Trigger Prosecution History Estoppel In UCB, Inc. v. Yeda Research and Development Co., Ltd., Appeal No. 2015-1957, the Federal Circuit held that prosecution estoppel can apply even...more
FEDERAL CIRCUIT CASES - Federal Circuit Strikes Down Award of Attorneys’ Fees - In a decision that rejects a recent trend of district courts’ willingness to award attorneys’ fees since the Supreme Court’s 2014...more
DISTRICT COURT CASES - Minnesota Court Awards Octane Fitness $1.7 Million in Attorney Fees and Costs - In the seminal case establishing a lower standard for attorney fees in “exceptional” patent cases—Octane Fitness...more
DISTRICT COURT CASES - Attorney’s Fees Awarded Against Plaintiff for Inadequate Pre-Filing Investigation and Meritless Post-Discovery Positions - A judge in the U.S. District Court for the Central District of...more
In This Presentation: - USPTO POST-GRANT PROCEEDINGS: LESSONS LEARNED AFTER 2 YEARS - Rationales for Denial of Petition - Rationales for Claims Surviving Final Decision - Considerations for Multi-Forum...more
FEDERAL CIRCUIT CASES - Newsgroup Post Held to be A Printed Publication and Anticipatory Prior Art - On May 27, 2014, the Federal Circuit affirmed a decision granting summary judgment of invalidity by the...more