A recent case in which a court refused to find a case exceptional under 35 U.S.C. § 285, and denied a defendant’s motion for fees, demonstrates how Octane Fitness has not greatly shifted the ground in many patent cases. In Ushi…
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Discovery abuse and a reversal in an inventor’s trial testimony made for an exceptional case under 35 U.S.C. § 285, and therefore warranted an award of attorneys’ fees against a losing plaintiff in Digital Reg of Texas, L…
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A plaintiff had licensed a patent to defendants, including a right to sub-license, but excluded certain uses of the claimed method. The plaintiff then sued the defendants based on those excluded uses. The defendants were award…
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Awards of attorneys fees under 35 U.S.C § 285 may seem difficult to obtain, given the dual requirement of proving a party’s subjective bad faith, as well as the objective baselessness of its position. However, as demonstr…
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Litigation misconduct, even without a showing of objective baselessness or bad faith, was enough to justify a finding of an exceptional case, and an award of attorneys’ fees under 35 U.S.C. § 285. Monolithic Power Systems,…
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