News & Analysis as of

Attorney's Fees En Banc Review

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024 #4

LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348 (Fed. Cir. May 21, 2024) - In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Slashes Exorbitant Attorney’s Fee Award That Would “Make the Average Person Shake Her Head in Disbelief”

The Ninth Circuit recently struck a blow against plaintiffs’ attorneys’ ability to recover handsome attorney’s fee awards in class action settlements when there is little actual benefit to the class. In Lowery v Rhapsody...more

ArentFox Schiff

Class Action Year in Review: Courts Continue Close Scrutiny of Class Action Settlements

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Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class...more

King & Spalding

The U.S. Supreme Court Agrees to Decide Cases Regarding Whether and When Non-U.S. Plaintiffs May Use RICO to Enforce Foreign...

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On January 13, 2023, the United States Supreme Court agreed to hear two related cases in which it will decide for the first time whether and in what circumstances a foreign (non-U.S.) plaintiff may bring a civil action under...more

Faegre Drinker Biddle & Reath LLP

A Divided Eleventh Circuit Holds that Incentive Awards are Prohibited

In a decision that may have far-reaching consequences, a divided panel of the Eleventh Circuit ruled that incentive awards to named plaintiffs—which are routine in TCPA and other class action settlements—are improper. See...more

Bradley Arant Boult Cummings LLP

11th Circuit Forbids Incentive Payments

You need to read Johnson v. NPAS Solutions, LLC. This recent decision from the 11th Circuit fundamentally changes the rules of obtaining approval for class action settlements. Johnson’s introduction emphasizes that the...more

Pierce Atwood LLP

Are Incentive Payments the New Fly in the Ointment?

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For years, class action settlements typically have included incentive payments to named plaintiffs. The payments usually represent a very small percentage of the overall settlement payout, and are designed to compensate named...more

Snell & Wilmer

SCOTUS to Consider USPTO’s Attorneys’ Fees Policy

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On Monday, the Supreme Court of the United States granted certiorari in Iancu v. NantKwest to resolve a circuit split concerning “expenses” a patent applicant must pay when challenging the United States Patent and Trademark...more

McDermott Will & Emery

McDermott International Legal Highlights - October 2018 - Japanese Version

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How to Prepare for and Prevent Data Falsification Issues - In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the...more

McDermott Will & Emery

McDermott International Legal Highlights - October 2018

McDermott Will & Emery on

How to Prepare for and Prevent Data Falsification Issues - In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the...more

McDermott Will & Emery

En Banc Federal Circuit: § 145 Appellants Do Not Have to Pay (Attorneys’ Fees) to Play

McDermott Will & Emery on

The en banc US Court of Appeals for the Federal Circuit held that a dissatisfied patent applicant that chooses to appeal from a decision of the Patent Trial and Appeal Board rejecting claims of a patent application can appeal...more

Jones Day

Fear No Fees: No Payment of PTO Attorneys' Fees for District Court Patent Review

Jones Day on

This decision should be a welcome development for patent applicants seeking review. On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794...more

McDermott Will & Emery

En Banc Federal Circuit | § 145 Appellants Generally Not Liable for PTO Attorneys' Fees

The en banc US Court of Appeals for the Federal Circuit reversed a panel decision and held that 35 USC § 145 does not require applicants appealing to the US District Court for the Eastern District of Virginia to pay the...more

Knobbe Martens

Nantkwest v. Iancu

Knobbe Martens on

Federal Circuit Summary - En Banc (excl. Chen), Opinion for the court filed by Stoll, joined by Newman, Lourie, Moore, O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Eastern District...more

Foley Hoag LLP - Making Your Mark

Should Patent and Trademark Applicants Be Required To Pay USPTO Attorneys’ Fees?

The Federal Circuit just issued its en banc decision in Nantkwest v. Iancu, concluding that the proper statutory construction of Section 145 of the patent statute, which allows patent applicants to file actions in a federal...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2018 #5

Applications in Internet Time, LLC v. RPX Corp., Appeal Nos. 2017-1698, et al. (Fed. Cir. July 9, 2018) (unsealed July 24, 2018) In a lengthy decision on an issue of first impression, the Federal Circuit addressed the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Federal Circuit Denies PTO Attorneys’ Fees

On July 27, 2018, the Federal Circuit ruled that a patent applicant’s obligation to pay the U.S. Patent and Trademark Office’s (PTO) “expenses” for district court proceedings to review patent application rejections does not...more

McDonnell Boehnen Hulbert & Berghoff LLP

NantKwest, Inc. v. Iancu (Fed. Cir. 2018) (en banc)

En Banc Federal Circuit Finds § 145 Appellants Generally Will Not Be Liable for Patent Office's Attorneys' Fee - The Federal Circuit handed down its en banc decision on Friday regarding the question of whether under 35...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Droplets, Inc. v. E*TRADE Bank., Appeal No. 2016-2504 (Fed. Cir. 2018)?- In an appeal from an inter partes review, the Federal Circuit affirmed a decision by the PTAB invalidating a patent...more

Schwabe, Williamson & Wyatt PC

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

Arctic Cat v. Bombardier deals with obviousness, patent marking, reasonable royalties, willfulness and enhanced damages. The panel affirms all of the district court’s rulings other than as to patent marking, which it remands...more

McDermott Will & Emery

Federal Circuit to Rehear Fee Shifting Decision En Banc

McDermott Will & Emery on

In June 2017, a panel of the US Court of Appeals for the Federal Circuit ruled that under 35 USC § 145, a court can award attorneys’ fees to the US Patent and Trademark Office (PTO), regardless of whether the applicant,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Orders Rehearing En Banc in Nantkwest v. Matal

The first scene in the iconic dystopian 1985 sci-fi movie Brazil by Terry Gilliam (one of the Monty Python troop) is of a peaceful citizen being snatched from his comfy chair by jackbooted, black-clad members of a SWAT team,...more

Snell & Wilmer

Ninth Circuit Could Reconsider Attorneys’ Fees Standard for Federal Trademark Litigation

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In Octane Fitness v. ICON Health & Fitness (2014), the Supreme Court changed the standard for recovering attorneys’ fees in patent litigation. Rejecting a “rigid and mechanical formulation,” the Court adopted a looser...more

Proskauer - California Employment Law

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Carlton Fields

Sixth Circuit Holds No Disgorgement of Profits Based on Wrongfully Denied ERISA Disability Benefits

Carlton Fields on

The Sixth Circuit Court of Appeals, sitting en banc, recently decided a closely-watched case regarding the scope of "other appropriate equitable relief" under ERISA Section 502(a)(3). In Rochow v. LINA, the court held that...more

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