News & Analysis as of

Highmark v. Allcare

2016 Patent Litigation Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Patent Litigation Year in Review. WSGR’s patent litigation practice is nationwide in scope and has received national recognition in recent years, with our...more

The 9th Circuit Injects Some “Octane” into the Lanham Act Attorneys’ Fee Provision

by Dorsey & Whitney LLP on

In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to...more

Supreme Court Clears the Path for More Enhanced Damages Awards in Halo

by McCarter & English, LLP on

In recent years, the Supreme Court has repeatedly rejected the Federal Circuit’s strict tests concerning monetary relief in patent cases in favor of more fluid standards that commit discretion to the district courts. In...more

Supreme Court ruling increases patent owners’ ability to get enhanced damages (Halo v. Pulse)

by Kelley Drye & Warren LLP on

On June 13, 2016, the Supreme Court issued an opinion that replaces the Federal Circuit’s strict Seagate test for enhanced patent damages with a test that is easier for patent owners to meet. Relying extensively on the...more

Trolls v. Pirates: Supreme Court Oral Argument Reviewing Enhanced Damages

Earlier today, the Supreme Court heard oral arguments in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more

Supreme Court Will Decide Whether to Relax the Standard for Award of Enhanced Patent Damages

by Dorsey & Whitney LLP on

The U.S. Supreme Court announced last week that it will decide two cases concerning the issue of when district courts may award enhanced damages to patentees upon a finding of infringement. Stryker Corp. v. Zimmer, U.S., No....more

Supreme Court Ruling Encourages Courts to Award Attorney's Fees

by Snell & Wilmer on

Have you ever wished you could make the abusive party on the other side of your patent suit pay for your attorney's fees? The U.S. Supreme Court has made your wish a reality. Recent U.S. Supreme Court precedent has made it...more

An Overview, A Summary And An Update To The Latest Patent Reform

Just four years ago in 2011, President Obama signed the America Invents Act (AIA) into law. Since the enactment of the AIA, there has continued to be steady pressure for further reform. In 2013, the Innovation Act was...more

Federal Circuit Acknowledges § 284 Review Issue May Be Raised by Octane/Highmark Cases - Stryker Corp. v. Zimmer, Inc.

by McDermott Will & Emery on

The U.S. Court of Appeals for the Federal Circuit issued a revised opinion in Stryker Corp. v. Zimmer, Inc. In the revised opinion the Court added a footnote discussing the implications of recent Supreme Court jurisprudence...more

Data Shows Spike In Patent Attorney Fee Motions And Awards After Octane

by Brooks Kushman P.C. on

Prior to last year’s Supreme Court decisions in Octane Fitness LLC v. Icon Health & Fitness, Inc, 134 S. Ct. 1749 (2014) and Highmark, Inc. v. Allcare Health Mgmt. Sys., 134 S. Ct. 1744 (2014), district courts awarded...more

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

by Moore & Van Allen PLLC on

Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

Pro-Patent Coalition Writes Letter to the House and Senate Judiciary Committees

Last week, what is described as "a broad coalition" representing patent holders and inventors sent a letter to Representatives Bob Goodlatte (VA, 6th) and John Conyers (MI, 13th), Chairman and Ranking Member, respectively, of...more

Intellectual Property 2014 Year In Review

by Wiggin and Dana LLP on

There were a number of notable developments in patent case law in 2014. Key decisions from the Federal Circuit and Supreme Court tackled a variety of key issues, including patent eligibility of software and business methods,...more

Top Stories of 2014: #10 to #7

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

Patent Litigation and Generic Drug Companies: How to Avoid Becoming an “Exceptional Case”

by Robins Kaplan LLP on

2013 brought generic drug companies increased financial and legal hurdles when it came to marketing their products in the U.S. First, substantial new GDUFA “user fees” got levied on generics for access to the FDA. Then, the...more

Highmark and Octane Helped, But Legislation on Fee Shifting Still Necessary

by Fenwick & West LLP on

There is a continued need for patent reform to address the asymmetrical costs that patent litigation imposes on defendants. Given the substantial costs imposed on U.S. technology companies by the number of suits brought by...more

Federal Circuit Remands Trio of Attorneys’ Fee Award Cases Back to District Courts

by McDermott Will & Emery on

Icon Health & Fitness, Inc. v. Octane Fitness, LLC; Checkpoint Systems, Inc. v. All-Tag Sec., S.A.; Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc. - In the span of 10 days, and in the wake of the U.S Supreme Court...more

Recent Developments In Information Technology Law – Third Quarter 2014

by Brooks Kushman P.C. on

The 2013-14 term of the Supreme Court ended with multiple decisions on intellectual property issues. Over the past few months, the Court issued a number of patent law related opinions covering ground from claim...more

IP Newsflash - September 2014

Federal Circuit Remands for Reconsideration of $6.6 Million Attorney Fees Award On September 4, 2014, the Federal Circuit remanded a case to the district court to reconsider an attorney fees award in light of the Supreme...more

Federal Circuit Orders Stay Pending Completion of CBM Review

by McDermott Will & Emery on

Applying section 18(a)(1) of the America Invents Act (AIA) to an issue of first impression, a divided panel of the U.S. Court of Appeals for the Federal Circuit reversed a district court, ordering a stay of the district court...more

Finding of Exceptional Case Denied Due to Unclean Hands

In Gaymar Industries, Inc. v. Cincinnati Sub-Zero Products, Inc. et al, 1-08-cv-00299 (NYWD July 3, 2014, Order) (McCarthy, M.J.), the magistrate judge recommended denial of defendant's request for reconsideration of its...more

SCOTUS Roundup: How were patent trolls affected?

by Thompson Coburn LLP on

While much of the attention this year has fallen on Congress and its now failed attempts to pass patent law reform, the U.S. Supreme Court may have quietly provided significant ammunition to those trying to curb abusive...more

Recent SCOTUS Decisions in Intellectual Property Cases

by Ropes & Gray LLP on

The U.S. Supreme Court heard a landmark number of intellectual property cases during its 2013-2014 term. Below is a summary of recent decisions issued in 2014....more

IP Quarterly - Summer 2014

by Morrison & Foerster LLP on

In This Issue: - Supreme Court Hears Six Patent Cases This Term - Is Implied License the New Fair Use? - Navigating the Murky Waters of the Domestic Industry Requirements in the International Trade...more

Patent Litigation Fee-Shifting

In April, the Supreme Court reshaped the patent litigation landscape with its Octane Fitness, LLC v. Icon Health & Fitness and Highmark, Inc v. Allcare Health Management System, Inc., rulings. The statute at issue in both...more

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