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Prevailing Party Intellectual Property Litigation

Jones Day

Supreme Court Will Decide Whether “All the Expenses” Includes “Attorneys’ Fees”

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As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys spent on the...more

Seyfarth Shaw LLP

The Limits Of “Taking The Lead Early”: A Dismissal Without Prejudice Will Not Support Defend Trade Secrets Act Attorney’s Fees

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On November 13, 2018, the United States Court of Appeals, Fifth Circuit, affirmed the United States District Court for the Western District of Texas’s denial of prevailing party attorneys’ fees in a matter of first impression...more

Fox Rothschild LLP

Judge Andrews Denies Defendants’ Motions To Declare Case “Exceptional” And Request For Attorneys’ Fees After Vacating Previous...

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Richard G. Andrews in Dragon Intellectual Property, LLC v. Dish Network, LLC, Civil Action No. 13-02066-RGA (D.Del. November 7, 2018) (consolidated), the Court denied the motions...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up – July 2018

Fish & Richardson on

Among the more interesting EDTX/NDTX opinions last month was a decision by Magistrate Judge Payne regarding §285 attorneys’ fees. As a reminder, 35 U.S.C. §285 provides that, in an action for patent infringement, “[a] court...more

WilmerHale

Context Is Everything: Evaluating Different Approaches Toward Attorneys’ Fees Awards Under Copyright Act in Light of Supreme Court...

WilmerHale on

The Supreme Court will soon hear oral arguments on standards for awarding attorneys’ fees to the winner of a copyright dispute. Currently there are at least three different test being applied by federal courts. Data analysis...more

Troutman Pepper

[Webinar] Making Them Pay: Winning Attorney Fees in Patent Litigation - Oct. 8th, 12:00pm EDT

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In most litigation, each party pays its own attorney fees and costs, regardless of the outcome of the case. The Patent Act of 1952, however, allowed for an award of fees to the prevailing party in patent litigation in...more

Mintz

A “Solution” in Search of a Problem? The Innovation Act of 2015 and Trends in Fee-shifting in Patent Litigation

Mintz on

On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.” Among other things, the bill would direct courts to award attorneys’ fees and litigation-related expenses to prevailing...more

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