The troll toll: Why liberalized fee-shifting in patent cases will do more harm than good

MJ de la Torre - Cornell L. Rev., 2015 - HeinOnline
On February 1, 2000, the United States Patent and Trademark Office (PTO) awarded
inventors William T. Dalebout and Steven Mott, along with their assignee ICON Health & …

A Shifting Landscape for Shifting Fees: Attorney-Fee Awards in Patent Suits After Octane and Highmark

D Jones - Wash. L. Rev., 2015 - HeinOnline
Section 285 of the Patent Act authorizes courts to award attorney fees to the prevailing party
in patent litigation in" exceptional cases." Until recently, interpretation of § 285 had been …

Octane Fitness: The Shifting of Patent Attorneys' Fees Moves into High Gear

SM Flanz - Stan. Tech. L. Rev., 2015 - HeinOnline
The cost of attorneys' fees in patent litigations can be enormous. 1I Under 35 USC § 285,
however, if a case is exceptional, a party need not bear the expense of its attorneys' fees. 2 …

Awarding Attorney Fees and Deterring Patent Trolls

WK Robinson - Lewis & Clark L. Rev., 2016 - HeinOnline
The Patent Act, 35 USC § 285, states that"[tihe court in exceptional cases may award
reasonable attorney fees to the prevailing party."'Although the language of the statute is …

Interpreting Gobbledygook under 35 USC Sec. 101: Does the 2019 Patent Eligibility Guidance Clarify Past Confusion?

N Bruner - Am. U. Bus. L. Rev., 2020 - HeinOnline
When determining a patent's eligibility, the judiciary creates the same effect as spinning the
Wheel of Fortune'in leaving behind an impenetrable, and at best, cloudy means to the end …

Enhanced damages for patent infringement: a normative approach

KN Hylton - Rev. Litig., 2017 - HeinOnline
In Octane Fitness v. Icon Health, 1 the Supreme Court overturned a highly restrictive rule
adopted by the Federal Circuit governing the award of attorney's fees in patent infringement …

Legal responses to the challenges of sports patents

D Bambauer - Harv. JL & Tech., 2004 - HeinOnline
Harvard Journal of Law & Technology Page 1 Harvard Journal of Law & Technology Volume
18, Number 2 Spring 2005 LEGAL RESPONSES TO THE CHALLENGES OF SPORTS …

Understanding patent infringement under 35 USC 271 (e): the collisions between patent, medical device and drug laws

S Upadhye - Santa Clara Computer & High Tech. LJ, 2000 - HeinOnline
1 Walker Process Equip. Inc. v. Food Mach. & Chem. Corp., 382 US 172 (1965). 2 Florida
Prepaid Postsecondary Educ. Expense Bd. v. College Say. Bank, 527 US 627 (1999). 3 See …

Will Mickey Be Property of Disney Forever? Divergent Attitudes Toward Patent and Copyright Extensions in Light of Eldred v. Ashcroft

J Schwartz - U. Ill. JL Tech. & Pol'y, 2004 - HeinOnline
United States Constitution, similar presumptions flowed through both. Since the Copyright
Act of 1976, however, congressional and judicial approaches toward patent and copyright …

Troll Alert

S Seidenberg - ABAJ, 2014 - HeinOnline
reined in over patent fees in by Steven Seidenberg it would succeed" and the patentee.
knew its suit was unreasonable. In addition, the accused infringer had the steep burden of …