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Prevailing Party Appeals Patent Litigation

McDermott Will & Emery

Update: Absent Explicit Statutory Language? The American Rule Still Applies

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The US Court of Appeals for the Federal Circuit updated its earlier opinion to remove language ascribing motive to a prolific inventor’s actions before the US Patent & Trademark Office (PTO). Hyatt v. Hirshfeld, Case Nos....more

Vedder Price

When Winning Isn’t Prevailing—the Federal Circuit Explains

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When is the winning party not the prevailing party? Well, it depends. In the last two weeks, the U.S. Court of Appeals for the Federal Circuit decided two cases with very similar facts that presented that very question. In...more

McDermott Will & Emery

No Judgment on Merits Necessary to Achieve Prevailing Party Status

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The US Court of Appeals for the Federal Circuit affirmed a district court finding that an accused infringer was the “prevailing party” entitled to fees under Rule 54(d)(1) when the patent owner’s claim was dismissed for...more

Knobbe Martens

Costs Awarded to Defendant After Case Dismissed for Mootness

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B.E. TECHNOLOGY, L.L.C. v. FACEBOOK, INC. Before Lourie, Plager, and O’Malley. Appeal from the United States District Court for the Western District of Tennessee. Summary: A decision on the merits is not a prerequisite...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2019 #2

PATENT CASE OF THE WEEK - HZNP Medicines LLC v. Actavis Laboratories UT, Inc., Appeal Nos. 2017-2149, et al. (Fed. Cir. Oct. 10, 2019) - In a lengthy decision following a bench trial, the Court addressed a matter of...more

Knobbe Martens

Stone Basket Innovations, LLC v. Cook Medical, LLC

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Federal Circuit Summaries - Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana. Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District...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

McDermott Will & Emery

Prevailing Party Before PTAB May Not Appeal

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Addressing the right of a prevailing party to appeal a favorable decision, the US Court of Appeals for the Federal Circuit dismissed an appeal of a case from the Patent Trial and Appeal Board (PTAB or Board) and ruled that...more

McDermott Will & Emery

Federal Circuit Addresses Plethora of Issues in Affirming $19.5 Million Damage Award

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SSL Services, LLC v. Citrix - The U.S. Court of Appeals for the Federal Circuit, in an opinion that broached issues of claim construction, non-infringement, willful infringement, invalidity, the legal implications of a...more

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