The Supreme Court changed the calculus on what conduct satisfies the "exceptional case" criteria for awarding attorney's fees under 35 U.S.C. § 285 in its Octane Fitness, LLC v. ICON Health & Fitness Inc. and Highmark Inc. v....more
Both courts and litigants are only now appreciating the full impact of the Supreme Court’s 2014 decisions on fee shifting in patent cases. Key Points: ..Successful Section 285 motions have increased substantially in the...more
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
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
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
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
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
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
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
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
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
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
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
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
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
Innovative Biometric Technology LLC v. Toshiba America Information Systems, Inc. - In April 2014, a unanimous Supreme Court of the United States reversed two opinions of the U.S. Court of Appeals for the Federal...more
In the recent cases OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC. and HIGHMARK INC. v. ALLCARE HEALTH MANAGEMENT SYSTEM, INC., the U.S. Supreme Court empowered district court judges to award attorney fees to prevailing...more
Two recent Supreme Court decisions changed the standards for the award of attorneys’ fees to the prevailing party in patent infringement suits. Section 285 of the Patent Act provides for the award of fees in “exceptional”...more
FEDERAL CIRCUIT CASES - Newsgroup Post Held to be A Printed Publication and Anticipatory Prior Art - On May 27, 2014, the Federal Circuit affirmed a decision granting summary judgment of invalidity by the...more
Standard For Obtaining Attorney’s Fees Too High - In OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC., Appeal No. 12-1184, the Supreme Court reversed and remanded the Federal Circuit’s affirmance of the district...more
On April 29, 2014, the U.S. Supreme Court handed down two decisions that make it easier for prevailing parties to recover their attorneys’ fees in patent infringement cases. In Octane Fitness, LLC v. Icon Health & Fitness,...more
Two decisions handed down by the United States Supreme Court on April 29 will make it easier for a party wrongfully sued for patent infringement to recover attorney fees. As such, the decisions have the potential to...more
Two decisions of the U.S. Supreme Court on April 29, 2014 may have an impact on the “patent trolls” debate by changing the rules relating to the award of attorney fees to a winning party in litigation relating to patent...more
On April 29, 2014, the United States Supreme Court significantly lowered the standard for demonstrating entitlement to attorneys' fees in patent cases. In Octane Fitness, LLC v. Icon Health & Fitness, Inc., the high court...more
The recent Octane Fitness and Highmark, Inc. opinions, both authored by Justice Sotomayor after unanimous holdings by the United States Supreme Court, were a welcome development for corporate defendants in patent infringement...more