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Patent Trolls › Patent Litigation › Attorney's Fees

Patent Troll is a pejorative term used to describe persons or entities who aggresively assert patent ownership rights and typically do not manufacture or make use of the underlying patented inventions. Often,... more +
Patent Troll is a pejorative term used to describe persons or entities who aggresively assert patent ownership rights and typically do not manufacture or make use of the underlying patented inventions. Often, patent trolls exist solely to aggregate and litigate patents. Many in the technology industry claim that patent trolls stifle innovation and have urged Congress to combat these practices by passing comprehensive patent reform. less -
McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court to Review Enhanced Damages -- Octane Revisited, or Something Entirely Different?

McDonnell Boehnen Hulbert & Berghoff LLP on

On October 19, 2015, the Supreme Court granted certiorari 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

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - September 2015

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DISTRICT COURT CASES - Minnesota Court Awards Octane Fitness $1.7 Million in Attorney Fees and Costs - In the seminal case establishing a lower standard for attorney fees in “exceptional” patent cases—Octane Fitness...more

Dentons

Attorneys' Fees May be Easier to Obtain in Lanham Act Cases Post-Octane Fitness

Dentons on

Intellectual property litigation is expensive for both the plaintiff and defendant. However, because defendants are required to defend themselves in a lawsuit—in comparison to a plaintiff who has the choice to file and...more

Mintz

No One Told John Oliver About the America Invents Act: Last Week Tonight Stuck in 2012

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The heady days of 2012 saw “Gangnam Style” dominate the U.S. music charts, Patricia Krentcil rocket to fame as the “New Jersey Tanning Mom,” and the New York Giants win the Super Bowl. That year also is the source of nearly...more

Moore & Van Allen PLLC

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

Moore & Van Allen PLLC on

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

Bradley Arant Boult Cummings LLP

Patent Litigation Fee-Shifting

Bradley Arant Boult Cummings LLP on

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

Winstead PC

Removal of Patent Troll Bill

Winstead PC on

Last Wednesday, May 21, the Senate Judiciary Committee removed a bill from their agenda that sought to protect companies against “patent trolls,” which are companies whose main business is to gather patents, threaten...more

Eversheds Sutherland (US) LLP

Legal Alert: UPDATE: The Hare Loses Steam – Patent Litigation Reform Law Unlikely This Year

Eversheds Sutherland (US) LLP on

Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling...more

Ladas & Parry LLP

Supreme Court Decisions on Award of Attorney Fees in Patent Cases

Ladas & Parry LLP on

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

JD Supra Perspectives

Are Patent Trolls Likely to Become More Circumspect in Filing Strategies After Recent SCOTUS Opinions?

JD Supra Perspectives on

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

Foley & Lardner LLP

Increased Supreme Court Focus on Patent Jurisprudence

Foley & Lardner LLP on

In 2013, the Supreme Court decided three patent cases. By June of 2014, it is expected that there will have been six more decisions in patent cases. This week alone, there have been oral arguments heard or decisions released...more

Jackson Walker

Supreme Court Makes It Easier To Seek Sanctions For Frivolous Patent Suits

Jackson Walker on

The Supreme Court issued decisions in two cases yesterday that will make it easier for defendants to seek sanctions against non-practicing entities or any other entity for abusive patent litigation. In Highmark Inc. v....more

K&L Gates LLP

Supreme Court Redefines Framework for Determining Whether a Patent Case is Exceptional and Warrants an Award of Attorney’s Fees

K&L Gates LLP on

On April 29, 2014, the Supreme Court delivered much-anticipated decisions in the Octane and Highmark cases and redefined the framework for determining whether a patent lawsuit is “exceptional,” justifying an award of...more

JD Supra Perspectives

Weak Patent Case? Think Twice Before Filing, In Light of Two 'Exceptional' SCOTUS Decisions

JD Supra Perspectives on

In light of these decisions, patentees with weak cases may think twice about filing, now that they face a credible risk of having to pay defendants’ attorney fees. By the same token, accused infringers with questionable...more

JD Supra Perspectives

Two Recent Supreme Court Decisions On Awarding Attorney Fees May Impact ‘Patent Trolls’ Debate

JD Supra Perspectives on

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

McNees Wallace & Nurick LLC

Two Supreme Court Decisions May Make Frivolous Patent Cases A Bad Bet

McNees Wallace & Nurick LLC on

In two unanimous decisions handed down yesterday, the United States Supreme Court has offered some encouragement to defendants who choose to litigate against so-called patent trolls that the cost of doing so may be...more

Bracewell LLP

High Octane Fuel for Curbing Abusive Patent Litigation

Bracewell LLP on

On April 29, the U.S. Supreme Court issued two landmark decisions that could curtail abusive patent practices implemented by "patent trolls" or non-practicing entities (NPE) by relaxing the legal standards for awarding...more

Davis Wright Tremaine LLP

Patent Trolls Beware: Supreme Court Strikes Down Federal Circuit in Twin Rulings on Attorney Fee Awards in Patent Litigation

Davis Wright Tremaine LLP on

On April 29, 2014, the U.S. Supreme Court announced its highly anticipated decisions in a pair of cases governing the award of attorney fees in patent infringement lawsuits. In the two cases, the Court tossed out the Federal...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Preview -- Octane Fitness, LLC v. ICON Health & Fitness, Inc.

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In less than two weeks, the Supreme Court will hear arguments in two cases involving the Attorney Fees provision of 35 U.S.C. § 285. Both of these cases have garnered a lot of attention from the patent community, because...more

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