Posts Tagged: "sotomayor"

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 totality, § 285 states: “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” With such a simple statute you might wonder how or why it was necessary for the Supreme Court to step in and provide clarity. Because in 2005 the Federal Circuit departed from three decades of case law and made it difficult, if not impossible, for prevailing parties to demonstrate entitlement to attorneys fees.

Argument Summary: Supreme Court Hears Bowman v. Monsanto

While one can never know for certain how the Supreme Court will rule, even a casual observer has to conclude that the Supreme Court seems poised rule in favor of Monsanto. Seconds after Bowman’s attorney started Chief Justice Roberts interrupted asking why anyone would ever patent anything if Bowman were to prevail. Shortly thereafter Justice Breyer openly concluded that Bowman infringed in a matter of fact way. It later may have seemed Breyer was probing for a response he didn’t get more so than announcing his view of the case. Nevertheless, if Bowman loses Breyer he has no chance.

Chasing Unicorns: Ramblings on Deferred Examination

I am writing this article from 32,000 feet as I fly across country to teach the PLI Patent Bar Review Course in Costa Mesa, California, which is just inland from Newport Beach, and not far from Huntington Beach and Laguna Beach, places I would rather be than almost anywhere else in the world, although Hawaii and New Hampshire are very…

Will Obama Ever Select a PTO Director?

Admittedly, the selection of an Undersecretary of Commerce for Intellectual Property, a post that also carries the title of Director of the United States Patent and Trademark Office, is not as important in the greater scheme of things as many of the other posts President Obama has had to fill.  Having said that, given the unique and real challenges facing…