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
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
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
[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
After a couple of weeks with lots of precedential decisions, the Federal Circuit caught its breath last week and issued only non-precedential ones (with the possible exception of a sealed opinion that may or may not be...more
MUNCHKIN, INC. V. LUV N’ CARE LTD - Before Dyk, Taranto, and Chen. Appeal from the Central District of California. Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully...more