The Court of Appeals for the Federal Circuit affirmed a district court’s ruling denying attorneys fees under Section 285 of the Patent Act, 35 U.S.C. sec. 285, when the lower court construed the critical patent term at summary judgment and then held the accused device did not … [Read more...] about No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
Attorneys Fees Under Patent Act and Trademark (Lanham) Act Are Identical
The Court of Appeals for the Federal Circuit, in a case involving patent infringement, trademark infringement, and violations of an unfair trade practices act, ruled that an award of attorneys fees under the Patent Act, 35 U.S.C. § 285, and the Lanham Act, 15 U.S.C. § 1117(a), … [Read more...] about Attorneys Fees Under Patent Act and Trademark (Lanham) Act Are Identical
Supreme Court Lowers Bar For Prevailing Party In Patent Litigation To Collect Attorneys Fees
The U.S. Supreme Court, in Octane Fitness LLC. v. Icon Health & Fitness Inc., case no. 12-1184 (Apr. 29, 2014) (available here), overturned a decade of Federal Circuit law by redefining when a case is exceptional under the Patent Act. A prevailing party in patent litigation … [Read more...] about Supreme Court Lowers Bar For Prevailing Party In Patent Litigation To Collect Attorneys Fees
