Category Archives: Attorney’s Fees

Nantkwest, Inc. v. Joseph Matal, et al. (USPTO)

Docket No. 2016-1794 PROST, DYK, STOLL (D) June 23, 2017 Brief Summary: DC denial of USPTO’s request for attorney’s fees under § 145 reversed (“the applicant must pay ‘[a]ll of the expenses of” an appeal directly to the Eastern District … Continue reading

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Checkpoint Systems, Inc. v. All-Tag Security, S.A. et al.

Docket No. 2016-1397 NEWMAN, LOURIE, MOORE June 5, 2017 Brief Summary: DC grant of attorney fees under § 285 because, e.g., “[e]nforcement of” Checkpoint’s right to “protect its own competitive advantage” “is not an ‘exceptional case’ under the patent law”. … Continue reading

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Rothschild Connected Devices Innovations, LLC v. Guardian Protection Services, Inc. et al. (“ADS Security, L.P.”)

Docket No. 2016-2521 PROST, MAYER, WALLACH June 5, 2017 Brief Summary: DC denial of request for attorney’s fees under § 285 reversed and remanded (due, e.g., to “Rothschild’s willful ignorance of the prior art”). Summary: ADS appealed DC denial of … Continue reading

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NOVA Chemicals Corporation, et al. v. Dow Chemical Company

Docket No. 2016-1576 DYK, MAYER, REYNA May 11, 2017 Brief Summary: DC award of attorney fees to Dow affirmed as NOVA’s litigation position was found to be “objectively baseless” under Octane Fitness (US 2014). Summary: NOVA appealed DC award of … Continue reading

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University of Utah v. Max-Planck et al.

Docket No. 2016-1336 O’MALLEY, REYNA, WALLACH March 23, 2017 Brief Summary: DC finding that this case was not “exceptional” under § 285 and thus denying Max-Planck’s motion for attorney fees of about $8 million affirmed since there is no “precise … Continue reading

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Andre Walker v. Health International Corporation et al. (“HSN”)

Docket No. 2015-1676 REYNA, HUGHES, STOLL January 6, 2017 Brief Summary: FC panel concluded “[t]his appeal was frivolous as filed” and included “numerous mischaracterizations of clear authority” (Octocom, FC 1990); DC award of attorneys’ fees found reasonable (and it doubled … Continue reading

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Drone Technologies, Inc. v. Parrot S.A.

Docket No. 2015-1892, -1955 NEWMAN, SCHALL, CHEN September 29, 2016 Brief Summary: DC decision award of damages and attorney fees /default judgment vacated and remanded, while its decision not to consider inventorship issues was affirmed. Summary: Parrot appealed DC award … Continue reading

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