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Patent Trolls Patents 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 -
Akin Gump Strauss Hauer & Feld LLP

Finding of Exceptionality Leaves Unsuccessful Infringement Plaintiff Liable for Over $50 Million in Attorney Fees and Costs

Needless to say, a finding of exceptionality under 35 U.S.C. § 285 can have crippling consequences. Just ask Rembrandt Technologies, LP, which recently was slapped with an order to pay the prevailing defendants in a...more

Adler Pollock & Sheehan P.C.

Congress Introduces New Legislation To Halt Patent Trolling

Are patent trolls hurting your business’ bottom line? Whether you are a large publicly traded company or a small privately owned business, you’re not alone. Patent trolls are targeting businesses across the spectrum,...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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

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

Mintz on

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

Foley & Lardner LLP

Attorneys' Fees Awarded to Small Business Patent Owner to Advance Considerations of "Compensation and Deterrence"

Foley & Lardner LLP on

A recent case in the District of Connecticut demonstrates that courts may be more willing to award attorneys’ fees to a small plaintiff, encouraging such a plaintiff to protect its patent when it is the plaintiff’s “primary...more

Foley Hoag LLP

Patent Troll Watch - States Are Pushing Patent Trolls Away from the Legal Line

Foley Hoag LLP on

Oregon introduces bill to make improper patent license demands a violation of its unlawful trade practices law - In February 2014, Senate Bill 1540 was filed, which would make patent trolling a violation of the...more

Bradley Arant Boult Cummings LLP

Patent Litigation Fee-Shifting

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

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

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

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities From Filing Frivolous...

On October 1, 2013, the United States Supreme Court agreed to review the “exceptional” case standard for awarding attorneys’ fees in two separate patent-infringement cases. Both cases relate to patentees who are...more

Orrick, Herrington & Sutcliffe LLP

Congress to Consider New 'Patent Troll' Legislation

On February 27, Congressional Representatives Peter DeFazio, D-Oregon, and Jason Chaffetz, R-Utah, introduced a proposed bill intended to curb litigation initiated by Non-Practicing Entities (NPEs), or “patent trolls.” NPE...more

Ervin Cohen & Jessup LLP

The SHIELD Act: A Significant Step in the War Against Patent Trolls

Ervin Cohen & Jessup LLP on

In an attempt to combat the growing proliferation of “patent trolls”, two U.S. congressmen have recently introduced a bipartisan bill that would make it significantly easier for a prevailing defendant in a patent infringement...more

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