Discovery, Attorney's Fees, Patents

10th Circuit Declines to be the Exception and Follows Patent Act Standard for Prevailing Party Attorney’s Fees in “Exceptional...

Dorsey & Whitney LLP on 6/30/2021

Since the Supreme Court’s 2014 decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., district courts have had expanded discretion to award prevailing party attorney’s fees in “exceptional cases” under the Patent...more

Electronic Return Receipt Patent Dispute Dubbed “Exceptional Case” After Summary Judgment Award

Proskauer - New England IP Blog on 2/21/2018

In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys’ fees, after finding that the case was “exceptional.” The suit began in 2013,...more

Federal Circuit Review - August 2017

Knobbe Martens on 9/15/2017

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

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

Schwabe, Williamson & Wyatt PC on 6/1/2017

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

Congress Continues to Promote Patent Reform Efforts

Orrick, Herrington & Sutcliffe LLP on 6/13/2015

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Federal Circuit Review | May 2015

Knobbe Martens on 5/29/2015

Overly Narrow Statement Of Problem Can Show Reliance On Hindsight - In INSITE VISION INCORPORATED v. SANDOZ, INC., Appeal No. 2014-1065, the Federal Circuit held that enunciating an overly narrow statement of the problem...more