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Judge Forrest Denies Attorneys’ Fees and Ancillary Electronic Discovery Costs

Rejecting claims that the matter was “exceptional” under 35 U.S.C. § 285 so as to permit the recovery of attorneys’ fees, Judge Forrest declined to award fees incurred between the court’s Markman order and order on summary...more

"This Is A Prototypical Exceptional Case - Fees And Expenses Will Be Awarded"

Lumen View Technology, LLC v. Findthebest.com, Inc. Case Number: 1:13-cv-03599-DLC (Dkt. 83) - Judge Cote used Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (April 29, 2014) to justify...more

SDNY Patent Litigation Update: Vol. 1, No. 6

The SDNY Patent Litigation Update provides a single-resource, monthly summary of patent litigation action in SDNY including important decisions, complaints filed, and trending issues. For example, last month Judge Cote,...more

Waiting for SCOTUS to Rule in Octane Fitness for Exceptional Case Guidance

Dr. Paula Small v. Implant Direct MFG, LLC d/b/a Implant Direct, LLC - Case Number: 1:06-cv-00683-NRB (Dkt. 349). Judge Buchwald authorized defendant to file a motion...more

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