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Intellectual Property Litigation › Fee-Shifting

McDermott Will & Schulte

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

McDermott Will & Schulte on

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

Knobbe Martens

“All the Expenses” Does Not Mean All: PTO Denied Its Expert Witness Fees

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HYATT v. HIRSHFELD - Before Moore, Reyna, and Hughes.  Appeals from the United States District Court for the District of Columbia....more

Epstein Becker & Green

Punching Bag or Counterpuncher Part II: Recouping Your Fees Under the Lanham Act

Epstein Becker & Green on

Congratulations—you’ve been sued again. This time it’s in federal court under the Lanham Act. You review the complaint, and while it’s not outrageously frivolous on its face (which we previously discussed here), it’s also not...more

Jones Day

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

Jones Day on

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

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

Akerman LLP - Marks, Works & Secrets on

Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...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

Troutman Pepper on

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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