The Patent Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. In a recent denial of a motion for attorney fees pursuant to § 285, an Ohio...more
Mobility Workx, LLC v. Unified Patents, LLC, Appeal No. 2020-1441 (Fed. Cir. Oct. 13, 2021) - In this week’s Case of the Week, a panel of the Court of Appeals for the Federal Circuit considered, and rejected, new...more
AMNEAL PHARMACEUTICALS LLC v. ALMIRALL, LLC - Before Dyk, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: While the Federal Circuit may be able to award fees under Section 285 for work...more
Last week, the Federal Circuit, in a precedential decision, reinforced that an accused infringer can be a “prevailing party” for the purposes of seeking attorneys’ fees under 35 U.S.C. § 285 when it successfully invalidates...more
PATENT CASE OF THE WEEK - ThermoLife Int’l LLC v. GNC Corp., Appeal Nos. 2018-1657, 2018-1666 (Fed. Cir. May 1, 2019) - In an appeal from a district court decision, the Federal Circuit affirmed the district court’s...more