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Patents Willful Misconduct

Baker Botts L.L.P.

Avoiding Demurrer: Properly Pleading Inequitable Conduct

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Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading....more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

Knobbe Martens

Federal Circuit Review - September 2018

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Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Knobbe Martens

Core Wireless Licensing v. Apple Inc.

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Federal Circuit Summary - Before Reyna, Bryson, and Hughes. Appeal from the Northern District of California. Summary: Breach of a duty of disclosure to a standards-setting organization may constitute implied waiver,...more

Knobbe Martens

In Re Rembrandt Techs., LP Patent Litig.

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Federal Circuit Summary - Before O’Malley, Mayer, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A case may be exceptional if: (1) fact witnesses are compensated based on the...more

Stinson LLP

Judge Awards New Damages, Attorneys' Fees to Stinson Leonard Street Client Cobalt Boats

Stinson LLP on

ST. LOUIS (Nov. 3, 2017)—A federal judge in Virginia enhanced damages and awarded attorneys' fees to Stinson Leonard Street client Cobalt Boats in a patent infringement case this week against Brunswick Corp., a competing boat...more

Knobbe Martens

Federal Circuit Review - August 2017

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District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more

Knobbe Martens

Patent Judgments and Awards - Merck Ordered to Pay $14 Million in Attorneys’ Fees to Rival Gilead After a Patent Infringement...

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Merck Ordered to Pay $14 Million in Attorneys’ Fees to Rival Gilead After a Patent Infringement Trial Involving Hepatitis C Drugs - On July 14, 2017, in a stunning reversal of fortune, a federal court in San Jose, CA,...more

McDermott Will & Emery

Attorneys’ Fee Award Cannot Be Enhanced to Deter Misconduct (Lumen View Technology, LLC v. Findthebest.com, Inc.)

McDermott Will & Emery on

Addressing whether deterrence can play a role in an attorneys’ fee award under § 285, the U.S. Court of Appeals for the Federal Circuit held that once a case is deemed exceptional, § 285 only authorizes an award of reasonable...more

Robins Kaplan LLP

Judge Scheindlin finds that numerous acts of litigation misconduct constitute an “exceptional case.”

Robins Kaplan LLP on

TNS Media Research, LLC, et al. v. Tivo Research and Analytics, Inc. Case Number: 1:11-cv-04039-SAS - Plaintiff Kantar Media (“Kantar”) brought a suit against defendant Tivo Research and Analytics, Inc. (“TRA”)...more

Faegre Drinker Biddle & Reath LLP

Practitioner Guilty of Inequitable Conduct: Considerations and Takeaways From the American Calcar v. Honda Decision

In its 2011 Therasense, Inc. v. Becton Dickinson & Co. decision, the Court of Appeals for the Federal Circuit set forth a more forgiving "but-for" causality standard for determining whether a patent is unenforceable due to...more

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