News & Analysis as of

Inter Partes Review (IPR) Proceeding Patent Infringement Prevailing Party

Jones Day

Third Party IPRs Sway District Court’s Prevailing Party and Costs Rulings

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Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed as the...more

Jones Day

Section 285 Did Not Allow For IPR Fees

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The Patent Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. In a recent denial of a motion for attorney fees pursuant to § 285, an Ohio...more

McDermott Will & Emery

Prevailing at the PTAB Can Mean Prevailing Party Attorneys’ Fees

Addressing whether attorneys’ fees may be awarded in a patent infringement lawsuit where an accused infringer successfully invalidates claims in an inter partes review (IPR) proceeding, the US Court of Appeals for the Federal...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Holds that Accused Infringers that Invalidate Asserted Patents at the PTAB Can Be a Prevailing Party Under Section...

Last week, the Federal Circuit, in a precedential decision, reinforced that an accused infringer can be a “prevailing party” for the purposes of seeking attorneys’ fees under 35 U.S.C. § 285 when it successfully invalidates...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2020 #3

PATENT CASE OF THE WEEK - Ericsson Inc. v. TCL Communication Technology Holdings Limited, Appeal No. 2018-2003 (Fed. Cir. April 14, 2020) - This week’s case of the week deals with issues relating to patent eligibility...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2019 #3

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

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

Jones Day

“Exceptional” IPRs And § 285

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Inter partes review (“IPR”) proceedings often arise in the context of high-stakes patent infringement litigation, and district courts frequently stay litigation pending parallel IPRs, which may fully resolve a...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

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