Motion For Section 285 Fees Denied
The fact that the motions to dismiss were joint and there was a lack of bad faith filing by plaintiff was important.
Exceptional Case award – 35 USC 285
Exceptional Case Finding (Trademark Style)
Like patent litigation, trademark litigation has a statue that permits fees in “exceptional cases”.
Motion for Fees Under Section 285
The motion is denied, but counsel’s conduct is “fundamentally unacceptable in civilized society.” Well.
Joinder of Additional Parties After Section 285 Award
The issue was whether the prevailing party could get additional parties added to satisfy a Section 285 award.
CAFC Affirms Summary Judgment and Denial of Attorneys Fees
The Federal Circuit affirmed the EDTX SJ of noninfringement and denial of exceptional case status.
Death Penalty Sanctions in Waco
Yes, I’m in trial, but this is too big to pass up.
285 Finding Affirmed
Yesterday the Federal Circuit affirmed Judge Gilstrap’s Section 285 finding from earlier this year, providing another data point on when a case is “exceptional.”
Exceptional Case Award
Judge Lynn reviewed objections to an award of fees in this exceptional case.
“Not Clearly Doomed From the Start”
“Alex, what’s the threshold for avoiding Section 285 liability?”
Win, Win, Win, Lose. Exceptional?
Cases where there are exceptional motions going both ways due to a reversal after trial after trial are … interesting.