Posts Tagged: fees


Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases

In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after …

CAFC Reverses and Remands Attorney’s Fees Issue in Newegg’s Favor

The district court made clearly erroneous factual findings that independently supported reversal. Particularly, the record supported a finding that this case was exceptional given the weakness of …

Federal Circuit Declines to Award Attorney Fees in Inventorship Dispute

The Federal Circuit heard the case on Univ. of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschaften e.V. At issue is whether the district court abused its …

Trump FY 2018 budget cuts $1.5 billion from Commerce, how much will come from the USPTO?

With a proposed budget of $7.8 billion and $1 billion in cuts to identify, questions arise about where those cuts will come. Is the USPTO budget safe?Will the …
By Gene Quinn
6 months ago 9

Cash strapped USPTO, failed fee increase and political shenanigans

But why is the USPTO in such a fee crisis? Because they have strayed from their mission, which is to issue patents. Far too many Art Units …
By Paul Morinville
7 months ago 55

USPTO Seeking Comments on Proposed Patent Fee Adjustments

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today issued a notice of proposed rulemaking (NPRM) proposing to set or adjust …
By U.S.P.T.O.
12 months ago 1

Supreme Court Emphasizes Objective Reasonableness for Fee Awards in Copyright Litigation

Justice Kagan stated as one primary factor that a District Court should put substantial weight on the reasonableness of the losing party’s position. The lower courts …
By Jon Tandler
1 year ago 0

SCOTUS should adopt flexible, case-specific approach to attorneys’ fee awards in copyright cases

The IPO recently filed an amicus brief at the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc. supporting a flexible approach to awarding attorneys’ fees. Oral …
By Gunnar Gundersen
2 years ago 0

SCOTUS takes case on awarding enhanced damages for patent infringement

The United States Supreme Court accepted certiorari in two patent cases, which will require the court to determine whether district court judges should have discretion to award …
By Gene Quinn
2 years ago 5

Patent Fee Shifting Stops Not Only Patent Trolls But Industry Bullies Too

What may be less well known is that Octane was not itself a “patent troll” case. Rather, Octane involved another kind of abusive patent litigation; namely, a …

The path to prosperity requires sound patent policy, not more patent reform

Innovation is the lifeblood of a prosperous economy. Sound patent policy, which encourages the nexus between risk and ideas (especially for small entrepreneurs), makes invention profitable. The …

Federal Circuit Review – Issue 59 – July 17, 2015

In this issue of the Federal Circuit Review: (1) Personal Jurisdiction Remains Unchanged - Federal Circuit Declines “Stream-of-Commerce” Theory; (2) Court Denies Fee Award Under Octane But Recognizes “Troll”…

The Grassley PATENT Act will make our faltering patent system worse for innovators

Today, our patent system is faltering. For the first time in our history, inventors and their counsel are considered villains for defending hard-earned patent rights. Companies that …
By Bob Krause
2 years ago 11

House Judiciary to Markup Innovation Act this Week

The House Judiciary Committee will hold a hearing on Thursday morning, June 11, 2015, at 10am ET in order to markup the Innovation Act. The Manager's Amendment is currently …
By Gene Quinn
2 years ago 0

Patent Cost: Understanding Patent Attorney Fees

Fees for patent attorneys are going to vary quite significantly depending upon the geographical market and the attorney's level experience. Based on 2011 economic data, the national average …
By Gene Quinn
2 years ago 7