Posts Tagged: Highmark v. Allcare


How U.S. Patent and Litigation Abuse Can Deter Small Inventors: The Story of Cheekd

In one more example of ways the U.S. patent system can be stacked against the small inventor, we have the story of Lori Cheek, who more …
By Eileen McDermott
8 months ago 10

Federal Circuit Reverses Grant of Attorney Fees; Case Not Exceptional Under 35 U.S.C. § 285

In the Federal Circuit case of Checkpoint Systems v. All-Tag Sec, The Federal Circuit held that the district court erred in finding this case exceptional under 35 U.…

Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse

In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
By Kara R. Fussner
3 years ago 2

The Supreme Court should follow their own Halo advice in §101 patent eligibility decisions

Essentially, the Supreme Court told the Federal Circuit that they needed remedial reading lessons. The statute is clear: “may” means district courts have discretion. The Supreme Court …
By Gene Quinn
3 years ago 16

Easing the Standard for Recovering Attorney Fees in Patent Cases

I think that the Supreme Court decision will be enough to prevent the so-called "patent reform" from gaining any traction in the Senate. The cynical view is …
By Gene Quinn
6 years ago 0

Supremes Say Broad Discretion to District Courts to Award Attorneys Fees

35 U.S.C. § 285, which is an extremely short statute, authorizes a district court to award attorney’s fees in patent litigation to the prevailing party. In its …
By Gene Quinn
6 years ago 2