The Chartwell Chronicles: New Jersey Attorney Fees
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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
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THE PAPER CHASE
VIDEO: Are PA Workers Compensation Attorney Fees Now Taken from Medical Benefits Too?
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Meritas Capability Webinar - Controlling Where to Fight and Who Pays for it?
Who pays attorney fees in a divorce proceeding?
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Bill on Bankruptcy: Lawyers Must Disclose What Clients Pay
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Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq....more
A claimant's recovery of attorneys' fees in a trade secret action ordinarily reflects an overwhelming success at trial. The claimant would have necessarily proved (at least under federal law) that its trade secret had been...more
The US Court of Appeals for the Federal Circuit affirmed the rejection of attorney fees, finding that neither inequitable conduct nor a conflict of interest rendered the case exceptional given the limited factual record...more
Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., Appeal No. 2021-1981 (Fed. Cir. May 9, 2023) In our Case of the Week, the Court of Appeals for the Federal Circuit considered the “analogous art” inquiry in...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
Congratulations—you’ve been sued again. This time it’s in federal court under the Lanham Act. You review the complaint, and while it’s not outrageously frivolous on its face (which we previously discussed here), it’s also not...more
In This Issue - A Looming AI War: Transparency v. IP Rights - As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more
On May 3, 2019, following a jury verdict rendered last November, a Santa Clara, California court entered a final judgment for $845 million in favor of semiconductor maker, ASML, in its suit against rival, XTAL, for stealing...more
As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys spent on the...more
On November 13, 2018, the United States Court of Appeals, Fifth Circuit, affirmed the United States District Court for the Western District of Texas’s denial of prevailing party attorneys’ fees in a matter of first impression...more
By Memorandum Order entered by The Honorable Richard G. Andrews in Dragon Intellectual Property, LLC v. Dish Network, LLC, Civil Action No. 13-02066-RGA (D.Del. November 7, 2018) (consolidated), the Court denied the motions...more
Among the more interesting EDTX/NDTX opinions last month was a decision by Magistrate Judge Payne regarding §285 attorneys’ fees. As a reminder, 35 U.S.C. §285 provides that, in an action for patent infringement, “[a] court...more
Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more
When the fallout from failed intellectual-property litigation collides with bankruptcy, the complexities may be dizzying enough, but when the emerging practices and imperatives of litigation financing are imposed on those...more
Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...more
The Supreme Court will soon hear oral arguments on standards for awarding attorneys’ fees to the winner of a copyright dispute. Currently there are at least three different test being applied by federal courts. Data analysis...more
In most litigation, each party pays its own attorney fees and costs, regardless of the outcome of the case. The Patent Act of 1952, however, allowed for an award of fees to the prevailing party in patent litigation in...more
Addressing the issue of attorneys’ fees, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a district court’s denial of fees, finding that it “cannot find a basis to support the court’s refusal to award...more
In an interesting case before Judge Timothy S. Hillman in the District of Massachusetts, a dispute over whether attorney’s fees should be granted is moving up to the Federal Circuit. The case brings back before the Federal...more
Photo negative. Daniel Morel, the photojournalist who was awarded $1.2 million in damages from news agencies that distributed his iconic Haiti earthquake pictures without his permission after he posted those pictures on...more
On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.” Among other things, the bill would direct courts to award attorneys’ fees and litigation-related expenses to prevailing...more
Addressing the issue of willful infringement, the U.S. Court of Appeals for the Federal Circuit reversed the lower court’s finding of willful infringement and award of attorneys’ fees, finding that the defenses asserted by...more