What Happens In East Texas Definitely Doesn’t Stay There

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This week has witnessed once again the oversized impact the Eastern District of Texas has in patent litigation—after all, that district was home to 44.2% of all patent cases filed in 2015 and 35.4% of all patent cases filed in 2016, with Judge Rodney Gilstrap presiding over an astounding one–quarter of all patent cases filed...

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Accused Infringer Succeeds In Justifying Fee Award, Then Fails To Prove Fees

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In the latest twist in the saga of the Webvention patent litigation, Novartis has been denied its attorneys’ fees after having demonstrated that it was entitled to them. You can read the back–story here. (As noted there, our firm was involved in this case once upon a time, but not lately.) The sequel brings a...

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(In)voluntary Dismissal: Virginia Court Invalidates Patent; Florida Court Leaves Door Open To Fee Award

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It should go without saying that a defendant cannot infringe a patent claim that has been ruled invalid. In a recent ruling from the Middle District of Florida, that court addressed one of the consequences of this truism: what happens when one court invalidates a patent that has been asserted in a different court. In...

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Alice Bounces eDekka Patent In East Texas

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The judges of the Eastern District of Texas have not been the most welcoming in the country to the early application of Alice v. CLS Bank—the Supreme Court opinion that lays out the two–step test for determining whether a patent should be voided because it claims abstract ideas, not inventions—in patent litigation. But the winds...

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Judge Doubles Attorneys’ Fees In Patent Case

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We wrote in June about the case of Lumen View Technology v. Findthebest, in which Judge Cote of the Southern District of New York awarded attorneys’ fees to FindtheBest under the new standard announced by the Supreme Court in its 2014 opinions in Octane Fitness and Highmark, after Findthebest successfully proved the invalidity of Lumen...

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Acacia Subsidiary Hit For $1.4 Million in Attorneys’ Fees

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A Delaware federal court has awarded just under $1.4 million in attorneys’ fees to NetApp, Inc., in a patent lawsuit filed by Summit Data Systems. (Hat Tip: the invaluable Docket Navigator) In a recently unsealed order, the court found Summit’s pursuit of its claim against NetApp to be “exceptional” under the rule announced by the...

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