fee shifting

  • The Supreme Court’s part in patent reform, post-AIA

    In 2014, the Supreme Court decided several cases continuing a trend towards tougher standards for patentees, including decisions that addressed, respectively, patent eligibility under 35 U.S.C. 101, the “definiteness” requirements under 35 U.S.C. 112, ¶ 2, and standards for fee recovery from a losing party.

  • A pivotal year for patent reform

    For corporate and IP counsel, 2014 was the year of patent reform, as the landscape shifted from good ideas into practical actions. Those actions are still taking shape, and it's unclear how comprehensive, effective and sustainable they will be. Nevertheless, legislative and regulatory patent reform was finally in play.

  • Google wins attorney fees in patent troll battle

    U.S. District Judge Rodney Gilstrap has awarded Google $1.3 million in attorney’s fees.

  • The English Rule: Loser pays

    To the extent that a few plaintiffs and their attorneys are bringing frivolous suits merely to obtain settlement payments and plaintiff attorneys’ fees, adopting fee-shifting bylaws may be a prudent way to defend the corporate treasury.

  • The future of patents, all eyes up on high

    With the Supreme Court taking such an active interest in patents over the last several years, the Court has opened a third front, along with Congress and the Federal Circuit, for in-house counsel to watch for significant changes in the law.

  • Octane, Highmark cases to impact future of fee shifting

    Based on recent Supreme Court decisions in Octane Fitness LLC v. Icon Health & Fitness Inc. and Highmark Inc. v. Allcare Health Management Systems Inc. may not have large tech companies popping champagne, but they might be toasting with a bit of wine.

  • An inside look at Qcue's patent battle

    A competitor filed two continuations with U.S. Patent and Trademark Office on a patent designed for online music sales, claimed it was “important to pricing in the sports, entertainment, and hospitality industries.”

  • Fee-shifting in patent cases: Will proposed legislation actually change anything?

    Any move toward a milieu of more fee-shifting will apply to losing patent owners (both troll and non-troll) and losing infringers, changing the stakes for everyone.

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