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Attorney's Fees Patent Invalidity Patent Infringement

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024 #3

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands...more

Fish & Richardson

Texas Patent Litigation Monthly Round-Up - March 2022

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This post summarizes two recent Eastern District of Texas opinions regarding the award of attorneys’ fees under 35 U.S.C. § 285. Traxcell Technologies, LLC v. AT&T, Inc. et al, 2-17-cv-00718 (EDTX Mar. 29, 2022) (Roy S....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends: Interplay Between PTAB Proceedings and Recovery in District Court

In 2021, district courts were faced with resolving numerous requests by parties seeking attorney fees based on conduct in related USPTO Patent Trial and Appeal Board (PTAB) proceedings. Many of these requests came in the wake...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends

[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

Mintz - Intellectual Property Viewpoints

Federal Circuit Clarifies that Willful Infringement Does Not Require Egregious Conduct

On September 28, 2021, in a precedential opinion, the United States Court of Appeals for the Federal Circuit, in SRI Int’l, Inc. v. Cisco Systems, Inc., Nos. 2020-1685, -1704, clarified its decision from a prior appeal in the...more

Knobbe Martens

Enforcing a Patent Known to be Invalid Can Trigger Attorneys’ Fees

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ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC - Before Moore, Prost, and Stoll.  Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge that it is invalid can...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2020

PATENT CASE OF THE WEEK - Immunex Corp. v. Sandoz Inc., Appeal No. 2020-1037 (Fed. Cir. July 1, 2020) - In this Biologics Price Competition and Innovation Act case, the Federal Circuit affirmed the bench trial ruling of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April #4

PATENT CASE OF THE WEEK - Hologic, Inc. v. Minerva Surgical, Inc., Appeal No. 2019-2054, et al. (Fed. Cir. Apr. 22, 2020) - This week’s Case of the Week features a new precedential decision dealing with the doctrine of...more

Akin Gump Strauss Hauer & Feld LLP

District Court Awards Post-Markman Attorneys’ Fees After Plaintiff Continued to Litigate Claims That Became Baseless in Light of...

A federal judge in the Eastern District of Virginia granted defendant Amazon.com, Inc.’s motion for attorneys’ fees under 35 U.S.C. § 285, ordering plaintiff Innovation Sciences, LLC to pay over $700,000 in fees that accrued...more

McDermott Will & Emery

Nothing Exceptional About Litigation Costs Exceeding Potential Damages

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Addressing the issue of whether litigation costs that exceed potential damages necessarily render a case exceptional, the US Court of Appeals for the Federal Circuit affirmed a district court’s decision that they did not....more

Akin Gump Strauss Hauer & Feld LLP

Misconduct During IPR May Trigger an Award of Attorneys’ Fees in Related District Court Litigation

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

McDermott Will & Emery

“Exceptional Case” Determinations May Rest on Alleged but Non-Litigated Issues

Addressing the issue of attorneys’ fees in connection with exceptional cases under 35 USC § 285, the US Court of Appeals for the Federal Circuit affirmed the district court’s determination that a case was exceptional based on...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2019

PATENT CASE OF THE WEEK - Elbit Systems Land and C4I Ltd. v. Hughes Network Systems, LLC, Appeal No. 2018-1910 (Fed. Cir. June 25, 2019) - In this appeal from the United States District Court for the Eastern District of...more

McDermott Will & Emery

Appellate Court Generates Patent Treatise in Car-Tracking Patent Case

Addressing the appeal of a judgment that four US patents were infringed and not invalid, the US Court of Appeals for the Federal Circuit: • Found waiver regarding a claim construction issue • Found direct infringement...more

Akin Gump Strauss Hauer & Feld LLP

Attorneys’ Fees Award for Plaintiff’s Inadequate Pre-Suit Infringement Investigation Affirmed Even Though Trial Court Never...

The Federal Circuit recently upheld a district court’s decision to tax a patent infringement plaintiff with its opponent’s attorneys’ fees based on an inadequate presuit investigation into infringement, even though the patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2018 #3

PATENT CASE OF THE WEEK - VirnetX Inc. v. Apple, Inc., Appeal Nos. 2017-2490, -2494 (Fed. Cir. Dec. 10, 2018) The Federal Circuit affirmed two final written decisions of the Patent Trial and Appeal Board (“PTAB”), which...more

Knobbe Martens

Federal Circuit Review - September 2018

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Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Knobbe Martens

Stone Basket Innovations, LLC v. Cook Medical, LLC

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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

Jackson Walker

Ex Parte Reexamination May Cost Apple $177 Million

Jackson Walker on

On May 24, 2018, Apple was awarded a verdict of $533 million for Samsung’s infringement of three Apple design patents. While unsuccessful ex parte reexaminations (EPRs) were filed against two of those three design patents,...more

Mintz - Intellectual Property Viewpoints

Evidence of Bad Faith Patent Prosecution Can Support an Award of Attorney Fees

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

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Knobbe Martens

Federal Circuit Review - August 2017

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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

WilmerHale

Federal Circuit Patent Updates - August 2017

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Nantkwest, Inc. v. Matal [Order rehearing en banc] (No. 2016-1794, 8/31/17) (Prost, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Hughes, Stoll) - Per Curiam. Sua sponte vacating panel opinion, ordering...more

WilmerHale

Federal Circuit Patent Updates - July 2017

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Millennium Pharmaceuticals v. Sandoz Inc. (No. 2015-2006, 7/17/17) (Newman, Mayer, O'Malley) - Newman, J.Reversing and vacating judgments of invalidity for obviousness in consolidated appeals. ...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a...more

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