News & Analysis as of

Summary Judgment Fee-Shifting

Burns & Levinson LLP

Will Your Right to Indemnification Get You Your Attorneys’ Fees?

Burns & Levinson LLP on

Under the so-called “American Rule,” a party that prevails in litigation typically is not entitled to recover the costs, expenses and legal fees it has to expend to secure a judgment in its favor. As such, many business...more

Snell & Wilmer

Chancery Rules on Equitable Fee Shifting and Indemnity Provisions in Support of Fee Shifting

Snell & Wilmer on

On December 31, 2020, Vice Chancellor Glasscock issued an opinion regarding what he called a “novel issue” arising from cross motions for fees. The motions were supported by a contractual prevailing party fee provision which...more

McDermott Will & Emery

Prayer for Declaratory Relief Invokes Copyright Act and Available Attorneys’ Fees

McDermott Will & Emery on

Vacating the district court’s order denying a defendant’s recovery of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any...more

Fish & Richardson

Supreme Court Holds USPTO Cannot Recover Its Attorney's Fees Under § 145

Fish & Richardson on

On December 11, 2019, the Supreme Court of the United States upheld the long-standing presumption that parties are responsible for their own attorney’s fees—holding that the “[a]ll expenses of the proceedings” provision of...more

McDermott Will & Emery

Supreme Court: PTO Not Entitled to Attorney’s Fees in District Court Appeals

McDermott Will & Emery on

In a unanimous decision authored by Justice Sotomayor, the Supreme Court of the United States held that the US Patent and Trademark Office (PTO) is not entitled to recover its attorney’s fees in an appeal to a district court...more

Bradley Arant Boult Cummings LLP

Supreme Court Rejects PTO’s Attempt to Recover Attorneys’ Fees - Intellectual Property News

In Peter v. NantKwest, Inc., the Supreme Court held that the Patent and Trademark Office cannot recover attorneys’ fees against an applicant in a civil action under 35 U.S.C. § 145. An unsuccessful applicant for a patent has...more

Weintraub Tobin

U.S. Supreme Court Strikes Down USPTO’s Request For Attorney’s Fees

Weintraub Tobin on

In a unanimous ruling, the U.S. Supreme Court in Peter v. NantKwest, case number 18-801, struck down the U.S. Patent and Trademark Office’s (USPTO) recent and often-criticized effort to recoup its legal fees – even in cases...more

McCarter & English, LLP

No Fees For You – Supreme Court Says USPTO May Not Recover Attorneys’ Fees For Defending Certain Appeals

McCarter & English, LLP on

Under the so-called American Rule, litigants are normally expected to pay their own attorneys’ fees, win or lose, unless a statute clearly permits or requires fee-shifting. In the underlying litigation in Peter v. NantKwest,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Issues Unanimous Ruling Denying PTO Attorneys’ Fees for Section 145 Actions

On December 11, 2019, in Peter v. NantKwest, Inc., 589 U.S. __ (2019), the U.S. Supreme Court issued a unanimous decision holding that the U.S. Patent and Trademark Office (PTO) cannot recover the salaries of its legal...more

Hogan Lovells

Supreme Court: USPTO Cannot Collect Attorney’s Fees Under 35 U.S.C. § 145

Hogan Lovells on

The Supreme Court held that the PTO cannot collect attorney’s fees under 35 U.S.C. § 145, which requires challengers of PTAB decisions to pay all expenses of the proceedings....more

Snell & Wilmer

Supreme Court Holds “Expenses” Exclude PTO Employee Salaries in Civil Action Challenges Under the Patent Act

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The Supreme Court unanimously held that the United States Patent and Trademark Office (PTO) may not recover the salaries of its legal personnel as “expenses” in a civil action challenging an adverse decision by the PTO under...more

McDermott Will & Emery

SCOTUS Rules PTO Not Entitled to Attorney’s Fees in Appeals to E.D. Virginia from Adverse PTAB Decisions

McDermott Will & Emery on

On December 11, the US Supreme Court held that the US Patent and Trademark Office is not entitled to recover its attorney’s fees in an appeal to the Eastern District of Virgina from an adverse decision of the Patent Trial and...more

Cooley LLP

Alert: Supreme Court Rejects USPTO’s Attempt to Extract Legal Fees for District Court Appeals

Cooley LLP on

On December 11, 2019, the US Supreme Court issued a unanimous order in Peter v. NantKwest, holding that a statute allowing the USPTO to recover "expenses" for appeals of patent refusals to a district court does not allow the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Peter v. NantKwest, Inc.

On December 11, 2019, the Supreme Court of the United States decided Peter v. NantKwest, Inc., No. 18-801, holding that Section 145 of the Patent Act does not require dissatisfied patent applicants who file a civil action in...more

Allen Matkins

But Wait, Nevada Already Has A Fee Shifting Statute

Allen Matkins on

Yesterday, I took note of a recently introduced Nevada bill, AB 304, that would, among other things, allow a Nevada corporation to impose liability on a stockholder for attorney's fees and costs in connection with an...more

WilmerHale

Copyright and Trademark Case Review: Who’s on First?, Virtual Lockers and Lanham Act Fee-Shifting

WilmerHale on

Copyright Opinions - Second Circuit Permits Distribution of Cloud-Based Samples, But Declines to Consider “Novel” Cloud Storage Infringement Issue: Smith v. Barnesandnoble.com, LLC, No. 15-3508 (2d Cir. October 6,...more

WilmerHale

Copyright and Trademark Case Review: In "Vogue," Burning Man, Building Plans and More

WilmerHale on

Copyright Opinions - Samples in Madonna's “Vogue” Too Trivial to Be Infringing: VMG Salsoul, LLC v. Ciccone, Nos. 13-57104, 14-55837 (9th Cir. June 2, 2016) - Graber, J. In a suit claiming infringement of both...more

Proskauer - New England IP Blog

On Appeal, No Fee Shifting Credit for LevelUp

In a recent patent appeal involving a Boston-based mobile payment startup, the Court of Appeals for the Federal Circuit signaled its reluctance to disturb district courts’ discretion in fee shifting decisions. The Federal...more

Wilson Sonsini Goodrich & Rosati

Another California Court Awards Attorneys' Fees in Bad-Faith Trade Secret and Patent Inventorship Lawsuit

Earlier this month, the U.S. District Court for the Southern District of California awarded more than $11 million in attorneys' fees and costs to three trade secret defendants, finding that plaintiffs who had raised a claim...more

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