News & Analysis as of

Fee-Shifting Attorney's Fees Abuse of Discretion

McDermott Will & Schulte

Wrestling with prevailing defendant’s post-trial fee request in copyright dispute

The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more

Dorsey & Whitney LLP

The 9th Circuit Injects Some “Octane” into the Lanham Act Attorneys’ Fee Provision

Dorsey & Whitney LLP on

In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to...more

Morrison & Foerster LLP

MoFo IP Newsletter - August 2016

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

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