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Litigation Fees & Costs Corporate Counsel Prevailing Party

Foley & Lardner LLP

American Rule Prevails; PTO May Not Collect In-House Attorneys' Fees as "Expenses"

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In a short opinion issued on December 11, 2019, the Supreme Court rejected the PTO’s recent attempt to collect attorneys’ fees under a little-used provision of the Patent Act. The decision in Peter v. NantKwest (No. 18-801)...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

Sunstein LLP

March 2019 IP Update - Not All Litigation Expenses Are Recoverable Under the Copyright Act

Sunstein LLP on

On March 4, the Supreme Court overturned a ruling that required Rimini Street to pay $12.8 million for Oracle’s litigation costs in a copyright infringement case. Rimini Street, Inc. v. Oracle USA, Inc. Many of the costs...more

Fisher Phillips

You May Not Have to Pay Attorney’s Fees in Some FLSA Cases

Fisher Phillips on

If you have ever had to defend against a lawsuit under the FLSA, you probably know that attorney’s fees awards often far exceed the value of your employee’s claims. This is especially true in collective action cases, which...more

Jaburg Wilk

The Ninth Circuit Helps Copyright Owners Battle Widespread Infringement in Glacier Films v. Turchin

Jaburg Wilk on

On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more

Parker Poe Adams & Bernstein LLP

Prevailing FLSA Defendant May Recover Costs From Unsuccessful Plaintiff

Last month’s CRST decision by the U.S. Supreme Court raised hopes for employers seeking to recover attorneys’ fees from the EEOC after prevailing in litigation against the agency. Last week, the Eighth Circuit Court of...more

Hinshaw & Culbertson LLP

Settle and Pay? The California Supreme Court Says, “Yes.”

A plaintiff who voluntarily dismisses a lawsuit after entering into a monetary settlement may be a “prevailing party” entitled to costs and fees under California law. deSaulles v. Community Hospital of the Monterey...more

Troutman Pepper

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

Troutman Pepper on

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

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