Category Archives: Attorney’s Fees

DC’s finding of no willfulness reversed, enhanced damages and attorney fees affirmed

Posted on October 5, 2021 by Patrick J. Halloran, Ph.D., J.D.

SRI International, Inc. v. Cisco Systems, Inc. Docket No. 2020-1685, -1704 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1685.OPINION.9-28-2021_1841166.pdf) DYK, PROST, HUGHES September 28, 2021 Brief Summary:  DC finding of no willfulness reversed; grant of enhanced damages and attorney’s fee affirmed. Summary:  SRI appealed DC denial of … Continue reading →

Posted in Attorney's Fees, Damages, Infringement, Willfullness | Leave a comment

Omega Patents, LLC v. CalAmp Corp.

Posted on April 16, 2019 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2018-1309 PROST, DYK, WALLACH April 8, 2019 Brief summary: DC decision finding infringement of ‘727 claim 1 affirmed; others reversed and remanded for state of mind analysis and to determine whether there were predicate acts of infringement; willfulness … Continue reading →

Posted in Attorney's Fees, Claim Construction, Damages, Inducement to Infringe, Infringement, Willfullness | Leave a comment

Princeton Digital Image Corp. v. Office Depot Inc. et al.

Posted on January 23, 2019 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-2597 (many others) DYK, TARANTO, STOLL January 22, 2019 Brief summary: FC panel concluded the DC’s judgment was not final and that it therefore lacked jurisdiction. Summary: Princeton (PDIC) licensed US 4,813,056 to Adobe with the promise “not … Continue reading →

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Spineology, Inc. v. Wright Medical Technology, Inc.

Posted on December 21, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2018-1276 PROST, DYK, MOORE December 14, 2018 Brief summary: DC denial of Wright’s motion for attorney’s fees under § 285 affirmed (e.g., “fee awards are not to be used ‘as a penalty for failure to win a patent … Continue reading →

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Gust, Inc. v. AlphaCap Ventures, LLC et al. (Gutride Safier LLP)

Posted on December 18, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-2414 WALLACH, LINN, HUGHES September 28, 2018 Brief summary: DC award of fees under § 1927 (“baseless complaint”) against Gutride reversed. Summary: Gutride (a law firm representing AlphaCap) appealed the DC’s “award of fees under 28 USC § … Continue reading →

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In re: Rembrandt Technologies LP et al. v. Comcast et al.

Posted on August 23, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-1784 O’MALLEY, MAYER, REYNA August 15, 2018 Brief summary: DC finding this litigation exceptional under § 285 affirmed; $51 million fee award vacated and remanded as the DC “awarded all fee fees with no explanation whatsoever of a..causal … Continue reading →

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Stone Basket Innovations, LLC v. Cook Medical LLC

Posted on June 12, 2018 by Patrick J. Halloran, Ph.D., J.D.

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.

Posted on April 26, 2018 by Patrick J. Halloran, Ph.D., J.D.

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”)

Posted on April 24, 2018 by Patrick J. Halloran, Ph.D., J.D.

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.

Posted on March 23, 2018 by Patrick J. Halloran, Ph.D., J.D.

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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