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Prevailing Party Litigation Fees & Costs Patent Infringement

Jones Day

Third Party IPRs Sway District Court’s Prevailing Party and Costs Rulings

Jones Day on

Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed as the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2019 #2

PATENT CASE OF THE WEEK - Peter v. Nantkwest, Inc., Appeal No. 2018-801 (Sup. Ct. Dec. 11, 2019) - This week the Supreme Court answered a long-simmering question concerning the extent to which a person who brings a...more

McDermott Will & Emery

No Judgment on Merits Necessary to Achieve Prevailing Party Status

McDermott Will & Emery on

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

Knobbe Martens on

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

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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