Category Archives: Attorney’s Fees

Stone Basket Innovations, LLC v. Cook Medical LLC

Docket No. 2017-2330 PROST, WALLACH, TARANTO June 11, 2018 Brief summary: DC finding of no exceptionality and denial of attorney’s fees under § 285 affirmed since, e.g., “Stone’s litigating position did not ‘stand[] out from others.’” Summary: Cook appealed DC … Continue reading

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Gilead Sciences, Inc. v. Merck & Co., et al.

Docket No. 2016-2302, -2615 TARANTO, CLEVENGER, CHEN April 25, 2018 Brief summary: DC’s “unenforceability judgment based on unclean hands” with respect to Merck’s patents relating to Gilead’s Sovaldi® and Harvoni® Hepatitis C treatements affirmed. Summary: Merck appealed the DC’s “unenforceability … Continue reading

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Keith Raniere v. Microsoft Corp., AT&T Corp. (“Appellees”)

Docket No. 2017-1400, -1401 LOURIE, O’MALLEY, WALLACH April 18, 2018 Brief summary: DC’s award under § 285 affirmed since “dismissal with prejudice…is tantamount to a judgment on the merits”. Summary: Raniere appealed DC award of attorney’s fees and costs under … Continue reading

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Sarif Biomedical LLC v. Brainlab, Inc.

Docket No. 2017-1103 REYNA, WALLACH, HUGHES March 21, 2018 Non-precedential Brief summary: DC denial of attorney’s fees under § 285 was affirmed since, e.g., Sarif acted in “good faith”. Summary: Sarif sued Brainlab for infringement of claims 1-9 of US … Continue reading

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Honeywell International Inc. et al. v. Fujifilm Corp. et al.

Docket Nos. 2017-1070, -1073 PROST, NEWMAN, STOLL January 11, 2018 Non-precedential Brief summary: DC decision denying attorneys’ fees affirmed since its “analysis demonstrated the totality-of-the-circumstances approach” and “losing a summary judgment motion should not automatically result in a finding of … Continue reading

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Inventor Holdings, LLC v. Bed Bath & Beyond, Inc.

Docket Nos. 2016-2442 WALLACH, CHEN, STOLL December 8, 2017 Brief summary: DC grant of attorney’s fees under § 285 for post-Alice decision conduct affirmed (“[i]t was IH’s responsibility to reassess its case in view of new controlling law”). Summary: IH … Continue reading

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AIA America, Inc. et al. v. Avid Raiopharmaceuticals / U. Penn.

Docket No. 2016-2647 NEWMAN, LOURIE, HUGHES August 10, 2017 Brief summary: DC decision was affirmed because “there is no right to a jury trial for attorney’s fees under § 285”. Summary: AIA appealed DC award of § 285 attorney’s fees … Continue reading

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