News & Analysis as of

Totality of Circumstances Test Supreme Court of the United States

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Monasky v. Taglieri

On February 25, 2020, the U.S. Supreme Court decided Monasky v. Taglieri, holding that the determination of a child’s “habitual residence” for purposes of the Hague Convention depends on a totality-of-the-circumstances...more

Mintz - Intellectual Property Viewpoints

Octane Fitness Hits the Showers: Federal Circuit Affirms Attorneys’ Fees Award in Landmark Case

After an eight-year battle through the Federal Courts, the fight over attorneys’ fees in Octane Fitness v. ICON Health & Fitness has likely reached its end with the Federal Circuit upholding the hotly disputed $1.6 million...more

Schwabe, Williamson & Wyatt PC

Supreme Court and Precedential Federal Circuit Patent Cases

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

Morgan Lewis

Supreme Court Rejects Federal Circuit’s Two-Part “Objective Recklessness” Test

Morgan Lewis on

The decision, which affects enhanced patent infringement damages, restores the statutory discretion of district courts, whose exercise of discretion should be channeled by sound legal principles limiting the award of enhanced...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Rules District Courts to Have More Discretion in Finding Willful Patent Infringement by Malicious Pirates

On June 13, 2016, the Supreme Court ruled unanimously, in an opinion by Chief Justice Roberts, that an award of enhanced damages pursuant to 35 U.S.C. § 284 should be within the sound discretion of a district court, albeit...more

McDonnell Boehnen Hulbert & Berghoff LLP

Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc. (2016)

The aphorism that "[t]he race is not always to the swift nor the battle to the strong, but that's the way to bet," variously attributed to Damon Runyon, Franklin P. Adams, and Hugh Keough, could readily be updated to include...more

McDonnell Boehnen Hulbert & Berghoff LLP

eDekka LLC v. 3balls.com, Inc. (E.D. Tex. 2015)

As 2015 drew to a close, the toll of the Alice Corp. v. CLS Bank Int'l decision on software and business method patents became apparent. Post Alice, approximately 70% of all patents challenged under 35 U.S.C. § 101 have been...more

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