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Supreme Court Broadens Ability to Obtain Attorney's Fees in Patent Cases
The Supreme Court has recently issued opinions relaxing the standards for awarding attorney's fees against a patent enforcer, beginning with its decision on April 29, 2014, in Octane Fitness, LLC v. ICON Health and Fitness, Inc., 134 S. Ct. 1749, 188 L. Ed. 2d 816 (2014).
In Octane Fitness, ICON Health & Fitness sued Octane Fitness, LLC for patent infringement. After the district court granted summary judgment in Octane's favor, Octane moved for attorney's fees under the Patent Act's fee-shifting provision. Section 285 of the Patent Act allows a court to grant attorney's fees to the prevailing party in exceptional cases. 35 U.S.C. '285. The district court denied Octane its claim for attorney's fees finding that the lawsuit was not objectively baseless and that there was no evidence of subjective bad faith. Octane Fitness, LLC, at 1755.
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Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
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Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.