The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday, May 20, said in a precedential decision that fees incurred during inter partes review (IPR) proceedings are not recoverable under the “exceptionality” rule of 35 U.S.C. § 285. The court also rejected Dragon Intellectual Property, LLC’s argument that the case should not qualify as exceptional and rejected DISH Network, LLC’s argument that Dragon’s counsel should be held jointly and severally liable for the award of attorneys’ fees.
Recent Posts
- Other Barks and Bites for Friday, January 17: Teva Files IRA Challenge Amid Second Round of Medicare Negotiations; Ninth Circuit Says Kinetic Sculptures Can Be Sufficiently ‘Fixed’ for Copyright; USPTO Publishes Inventorship FAQs for AI-Assisted Inventions
- USPTO Fee Report: Discounts Don’t Cut It for Incentivizing New Patent Participants
- Federal Circuit Splits on Whether Toddler Tub May Infringe
- CAFC Rules Patent Applications are Considered Pre-AIA Prior Art By Filing Date, Not Publication Date
- The Biden Administration Rolls the Dice on NIH Patent Licensing