2016
Supreme Court Offers Guidance On Standard For Obtaining Fees In Copyright Cases
David Swetnam-Burland / 0 CommentsFor the second time this week, the Supreme Court unanimously clarified the legal standard for obtaining certain relief in intellectual property cases. In today’s opinion in Kirtsaeng v. John Wiley & Sons, Justice Kagan, writing for the Court, explained the analysis trial courts should engage in to determine whether and when to award attorneys’ fees...
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Supreme Court Rejects “Unduly Rigid” Federal Circuit Test For Enhanced Damages
David Swetnam-Burland / 0 CommentsThere is a certain Groundhog Day–effect to many recent Supreme Court patent cases. The Supreme Court takes up a case challenging a legal test the Federal Circuit has created, rejects that test, and sends the case back to the lower court with an admonition not to be too rigid in its approach. In so doing,...
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