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Patent Litigation Fee-Shifting
In April, the Supreme Court reshaped the patent litigation landscape with its Octane Fitness, LLC v. Icon Health & Fitness and Highmark, Inc. v. Allcare Health Management System, Inc., rulings. The statute at issue in both rulings was 35 U.S.C. ' 285, which provides that a “court in exceptional cases may award reasonable attorney fees to the prevailing party.” The clear implication is that litigants in patent infringement litigation now have a greater opportunity to recover their attorneys' fees and expenses from adverse parties. These rulings serve as a warning to patent litigants to carefully consider their strategy before initiating continuing litigation under some circumstances.
Fee-Shifting in Patent Litigation
Under 35 U.S.C. ' 285, in exceptional cases a district court may award reasonable attorneys' fees to the prevailing party. Although ' 285 appears to give district courts broad latitude to award fees in patent litigation, the Federal Circuit Court of Appeals had previously established that exceptional cases were either based on litigation-related misconduct or if the litigation was both “(1) brought in subjective bad faith and (2) objectively baseless.” Brooks Furniture Mfg. v. Dutailier, Inc., 393 F.3d 1378 (Fed. Cir. 2005)
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.