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Litigation Fees & Costs Prevailing Party Appeals

McDermott Will & Emery

Update: Absent Explicit Statutory Language? The American Rule Still Applies

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The US Court of Appeals for the Federal Circuit updated its earlier opinion to remove language ascribing motive to a prolific inventor’s actions before the US Patent & Trademark Office (PTO). Hyatt v. Hirshfeld, Case Nos....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Failure to Promote Claims Accrue With Employee’s ‘Knowledge’ of Denied Promotion

If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? ...more

Dentons

Lessons for Employers from Extended Litigation

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Lawyers love to follow the intricacies of litigation - we read the court decisions and follow matters through trials like some follow the latest happenings in their favorite TV drama. CRST Van Expedited v. EEOC - From...more

Epstein Becker & Green

Second Circuit Approves Offers of Judgment in FLSA Cases

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On December 6, 2019, the Second Circuit Court of Appeals held that judicial approval is not required for offers of judgment to settle Fair Labor and Standards Act (“FLSA”) claims made pursuant to Federal Rule of Civil...more

Jones Day

U.S. Supreme Court: "All the Expenses" Does Not Include Attorney’s Fees - In Peter v. Nantkwest, Inc., the Supreme Court...

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The U.S. Supreme Court's recent 9-0 decision in Peter v. NantKwest, Inc., Case No. 18-801, informs strategic cost considerations in appeals challenging adverse decisions issued by the United States Patent and Trademark Office...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

McDermott Will & Emery

No Judgment on Merits Necessary to Achieve Prevailing Party Status

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The US Court of Appeals for the Federal Circuit affirmed a district court finding that an accused infringer was the “prevailing party” entitled to fees under Rule 54(d)(1) when the patent owner’s claim was dismissed for...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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2019 #2

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

McDermott Will & Emery

“Full Costs” Under Copyright Act Means Those Specified in General Costs Statute

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In a unanimous decision authored by Justice Kavanaugh, the Supreme Court of the United States held that the term “full costs” in 17 USC § 505 of the Copyright Act has no special, expansive meaning, but is limited to the costs...more

White & Case LLP

Supreme Court Clarifies the Rules for Enforcing Copyrights

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On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can recover from infringers. In Fourth Estate v. Wall-Street.com, the Court...more

Coblentz Patch Duffy & Bass

Supreme Court Issues Two Copyright Rulings

The U.S. Supreme Court issued two rulings last week on copyright law. In both cases, they acted to resolve conflicts between the Circuits, following closely to statutory language....more

Jones Day

Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"

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In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on...more

McNees Wallace & Nurick LLC

Supreme Court Issues Two Unanimous Decisions in Copyright Litigation Cases

On March 4, 2019, the U.S. Supreme Court issued two unanimous opinions interpreting provisions of the Copyright Act. In the first case, the Court decided that the Copyright Office must register a copyright before a copyright...more

Eversheds Sutherland (US) LLP

The Supreme Court weighs in on copyright matters – a costly decision and a registration requirement

It has been a big week for copyright cases, and it’s only Wednesday. This Monday, the Supreme Court issued opinions on two copyright cases pending before it from the October 2018 term. ...more

McDermott Will & Emery

“Full Costs” under the Copyright Act Means Those Costs Specified in General Costs Statute

On March 4, 2019, the US Supreme Court issued a unanimous decision authored by Justice Kavanaugh in Rimini Street, Inc. v. Oracle USA, Inc., finding that the term “full costs” in 17 USC § 505 of the Copyright Act has no...more

Dorsey & Whitney LLP

The Supreme Court - March 4, 2019

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Today, the Supreme Court issued three decisions: Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625: Section 505 of the Copyright Act permits courts to award “full costs” to a party in a civil action. Broadly interpreting...more

Ballard Spahr LLP

Supreme Court Allows Copyright Actions Only After Office Acts on Application and Limits Recovery of Costs

Ballard Spahr LLP on

In two unanimous opinions, the Supreme Court on March 4, 2019, clarified two important issues under the Copyright Act—in both cases, based on a strict reading of the relevant text. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Rimini Street, Inc. v. Oracle USA, Inc.

On March 4, 2019, the Supreme Court of the United States decided Rimini Street, Inc. v. Oracle USA, Inc., No. 17-1625, holding that a court’s discretion under section 505 of the Copyright Act to award “full costs” to the...more

Ladas & Parry LLP

SCOTUS Holds Large Copyright Costs Award In Rimini Street v. Oracle Is Not Permissible

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Yesterday, the Supreme Court of the United States overturned the decision of the Ninth Circuit Court in Rimini Street, Inc. et al v. Oracle USA, Inc. et al to award damages for costs in the amount of $12.8 million in a...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

Best Best & Krieger LLP

CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

Appellate Victory for Developers and Public Agencies - A developer can recover the cost of preparing a California Environmental Quality Act administrative record, even when the lead agency, not the developer, actually...more

A&O Shearman

Court Cannot Divide An Offer To Settle

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In Sugar Hut Group Ltd & ors v A J Insurance Service [2016] EWCA Civ 46, 3 February 2016, the Court of Appeal over-ruled the High Court’s judgment about how costs should be awarded where a claimant succeeds on only part of...more

Foley & Lardner LLP

Seventh Circuit Reverses Order Denying Costs Because the Case Was “Close”

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Can federal courts deny a prevailing party litigation costs because it was a close case? According to the Seventh Circuit’s recent opinion in United States ex rel. Pileco, Inc. v. Slurry Systems, Inc., No. 14-1267 (7th Cir....more

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