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Attorney's Fees After Octane: More Chances for Defendants to Even the Playing Field
In recent years, defendants in patent litigation have been given powerful defensive tools to challenge the validity of patents asserted against them and the jurisdiction in which they are sued. They've also been given more opportunities to even the playing field.
Following the U.S. Supreme Court's game changing opinion in Octane Fitness, LLC v. ICON Health & Fitness, 134 S. Ct. 1749 (2014), district courts have had additional discretion to award attorney's fees to the prevailing party in patent cases. Understanding in what circumstances attorneys' fees have been awarded is crucial for defendants facing meritless suits.
Under the fee-shifting provision in the Patent Act — 35 U.S.C. §285 — district courts may award fees in "exceptional" cases. The Supreme Court has defined an exceptional case as "simply one that stands out from others with respect to the substantive strength of a party's litigating position (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated."
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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.
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.
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.
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?