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Attorney Fees

Copyright Case Fees

May 20, 2022May 20, 2022 msmithAttorney Fees, Copyrights and Trademarks, NDTX, TEXIPLAWBLOG

The court awarded fees to the defendant in this copyright case, then had to determine how to apportion them.

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Motion For Attorneys Fees & Costs

March 14, 2022March 14, 2022 msmithAttorney Fees, EDTEXWEBLOG, Judge Amos L. Mazzant III, Sherman

Following a trial which resulted in a verdict for the plaintiff on a breach of contract claim, the plaintiff sought fees and costs.

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Exceptional Case Fee Award

February 25, 2022February 27, 2022 msmithAttorney Fees, Exceptional Case award - 35 USC 285, NDTX, TEXIPLAWBLOG

This fee award is a good example of how not to prosecute a patent case.

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Post-Remand Attorneys Fees Request

February 25, 2022February 25, 2022 msmithAttorney Fees, Copyrights and Trademarks, TEXIPLAWBLOG, WDTX, WDTX - Austin

The question was whether the losing plaintiff could obtain fees for defeating the counterclaims in this trademark case.

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“Exceptional Case” Finding In Trademark Case

February 1, 2022February 1, 2022 msmithAttorney Fees, Copyrights and Trademarks, Court Costs, NDTX, TEXIPLAWBLOG

This finding followed a default judgment, but provides useful analysis.

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Application for fees granted in part

October 7, 2021October 7, 2021 msmithAttorney Fees, TEXIPLAWBLOG, WDTX, WDTX - Austin

This case provides a good example of what an application for fees should contain.

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Motion To Dismiss For Lack Of Personal Jurisdiction

October 5, 2021 msmithAttorney Fees, Copyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Judge Sean D. Jordan, Motions to Dismiss, Personal Jurisdiction, Sherman, TEXIPLAWBLOG

The court concluded that it lacked personal jurisdiction over the defendant, and transferred the case to the SDNY.

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Motion To Dismiss Copyright Claims Granted; Fees Awarded

May 11, 2021May 11, 2021 msmithAttorney Fees, Copyrights and Trademarks, Motions to Dismiss, NDTX, TEXIPLAWBLOG

Sad moment Thursday saying goodbye to Lady at Baylor. Not as sad as the plaintiff after this dismissal with fees.

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Copyright Fees Denied

December 11, 2020December 11, 2020 msmithAttorney Fees, Copyrights and Trademarks, SDTX, TEXIPLAWBLOG

The Fifth Circuit required Judge Hanen to explain his previous denial of the defendant’s request for attorneys fees in this copyright case.  Earlier this week he did so.

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Costs And Fees Under The Copyright And Lanham Act

November 23, 2020November 23, 2020 msmithAttorney Fees, Copyrights and Trademarks, EDTEXWEBLOG, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

Useful standard to know because of who its kissing cousin is.

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Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20+ years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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