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Tag Archives: Intellectual Property

Patent Claim Was ‘Weak,’ But Not a ‘Sham’ (access required)

Defendant Capital One Financial Corporation successfully defended plaintiff’s patent infringement action and is a “prevailing party,” but this is not an “exceptional case” under 35 U.S.C. § 285 and the Alexandria U.S. District Court awards costs but denies attorney’s fees; ...

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No ‘Prevailing Party’ from Dismissal (access required)

A defendant accused of illegally downloading adult content films from plaintiff’s website was not a “prevailing party” entitled to attorney’s fees under federal copyright law because the parties entered a joint stipulation of dismissal without judicial involvement; the Alexandria U.S. ...

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Arbitration Ordered for Patent License Dispute (access required)

In this dispute over a licensee’s alleged use of an eye-tracking technology licensed by U.Va.’s patent foundation, a Charlottesville U.S. District Court disagrees with the foundation that the licensee’s nonpayment of royalties implicates the scope of the subject patent; the ...

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Fees Cut for Deposition Overstaffing (access required)

In plaintiff’s suit alleging infringement of plaintiff’s patented method of creating electronic maps of utility line in Virginia, a Norfolk U.S. District Court Magistrate Judge orders plaintiff to pay defendant $42,464 in attorney’s fees and costs incurred by defendant to ...

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Defendant Wins Suit, But Court Denies Fees (access required)

After dismissing plaintiff’s suit alleging defendant H&M infringed its patent for material used in H&M’s “Beauty” underwire brassieres, the Norfolk U.S. District Court denies H&M’s request for attorney’s fees; defendant has failed to show inequitable conduct by a preponderance of ...

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