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District Court Awards Fees After PTAB Cancels Claims

District Court Awards Fees After PTAB Cancels Claims

By Alex Li and Matt Johnson - Patent litigation can be quite costly to defend against, that’s no secret.  But when can a prevailing defendant recover its attorneys’ fees from the plaintiff, patent holder, and under what circumstances?  Under the “American Rule,” each...

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Precedential: Two-Part Framework for Applying § 325(d)

Precedential: Two-Part Framework for Applying § 325(d)

By Josh Nightingale and Matt Johnson - As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative.  Here is an in depth review of a first of the precedential designated decisions. On March 24, 2020, the PTAB designated...

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Judges Disagree on Arthrex, But Rehearing Vote Fails

Judges Disagree on Arthrex, But Rehearing Vote Fails

By Nate Andrews, John Marlott, and Dave Maiorana - On March 23, 2020, the Federal Circuit denied rehearing and rehearing en banc in Arthrex.  Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt. 115.  The court...

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