CAFC Affirms Summary Judgment and Denial of Attorneys Fees
The Federal Circuit affirmed the EDTX SJ of noninfringement and denial of exceptional case status.
Exceptional Case award – 35 USC 285
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.
“This trial was not perfect. No trial is.”
Section 285 orders aren’t quite as scary as they were a few weeks ago, but they’re still worth studying to see what conduct crossed the line.
JMOL & Fees Rulings in Breach of Patent Royalty Agreement Case
This sunny day I’m celebrating my tulip poplar’s budding out with these JMOL rulings (including lots of interesting fees discussion) following a jury verdict.
What A Redacted Waco Order on Enhanced Damages & Fees Looks Like
See the difference a simple redaction makes, compared to the unredacted version a couple of days ago? Graceful and elegant, full of fees and fluffed damages, this is an order you’re really going to enjoy.
Exceptional Pleadings
I know you love 35 U.S.C. § 285 – but it’s not a cause of action.