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Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.

Tagged 35 u.s.c. § 285 · clear

Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims

MUNCHKIN, INC. V. LUV N’ CARE LTD Before Dyk, Taranto, and Chen. Appeal from the Central District of California. Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully adjudicated at the district court, the…

June 9, 2020Federal Circuit2 min read

The Federal Circuit May Not Award Attorney Fees for Work Performed During an IPR

Written by : Adam Powell & T iffany Young AMNEAL PHARMACEUTICALS LLC v. ALMIRALL, LLC Before Dyk, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: While the Federal Circuit may be able to award fees under Section 285 for work…

June 8, 2020PTAB1 min read