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December 22, 2023 | Law.com

Director Vidal's Impact On the PTAB: Big Changes and More On the Way

Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.
11 minute read
July 27, 2022 | National Law Journal

Netflix Doesn't Need to 'Prevail' to Win $409,000 in Attorney Fees

Citing 'blatant gamesmanship' by patent owner Realtime Adaptive Streaming, the Federal Circuit affirms a trial judge's authority to award fees under his inherent equitable powers.
3 minute read
July 01, 2022 | Law.com

Skilled in the Art With Scott Graham: Time to Change Tactics on 101, or Just Wait for a Better Term? + PTO Launches AI Partnership + Judge Freeman Calls Out Firm's 'Possum Act'

The Supreme Court might be done with patent eligibility for the foreseeable future. Practitioners say that, if there is still a path to review, it's going to require early and careful preparation.
12 minute read
February 11, 2022 | Law.com

Skilled in the Art With Scott Graham: Trade Secret Litigation Is Poised for Liftoff + GCs Ask Raimondo to Repeal Fintiv + Former PTO Directors Pan Proposed FRAND Guidance

When 30 million people leave their jobs in one year, disputes over trade secrets and covenants not to compete are bound to follow, a Foley & Lardner partner says.
12 minute read
February 04, 2022 | Law.com

Skilled in the Art With Scott Graham: Netflix Says Two Voluntary Dismissals Make Us Prevailing Party + Desmarais and McCarter Guide Glaxo to $1.25 Billion Settlement With Gilead + Stark Set to Be Confirmed Monday

Realtime Adaptive Streaming dismissed a Delaware suit against Netfiix, refiled it in California, then dismissed it again. Now it's arguing to the Federal Circuit that Netflix didn't 'prevail,' and that forum shopping alone isn't grounds for fee shifting.
8 minute read
Law Journal Press | Digital Book New York Attorney Discipline: Practice and Procedure 2024 Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager View this Book

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December 17, 2021 | Texas Lawyer

Judge Albright Sanctions Kramer Levin Attorneys for 'Baseless' Anti-Semitism Claims

The judge ordered Paul Andre, Lisa Kobialka and James Hannah to take legal ethics classes in the wake of their "vitriolic and unsubstantiated" allegations against Fenwick & West opponents last summer.
3 minute read
October 19, 2021 | Texas Lawyer

Judge Albright Rips Kramer Levin Attorneys for Raising Anti-Semitism Claim

The judge said that a recent patent infringement trial involving an Israeli company had nothing to do with ethnicity or prejudice, and that he was "extremely offended" at the inference that he let Amazon.com play on cultural stereotypes. Albright's order clears Fenwick & West of "harsh accusations," and the judge hinted that some penalty against Kramer Levin could be forthcoming.
5 minute read
March 03, 2021 | The Recorder

Amazon, Fenwick Win $4.8M Fee Award in Multidistrict Patent Litigation

PersonalWeb Technologies had accused more than 80 Amazon customers of infringement. Judge Beth Labson Freeman wrote that, even accounting only for fees tied to PersonalWeb's misconduct, Amazon was entitled to about 75% of its request.
4 minute read
December 29, 2020 | Law.com

What Does the Future Hold for Intellectual Property in 2021?

With two potentially seismic cases at the Supreme Court and an extra year's worth of cases ready for trial, 2021 is shaping up as a headline-making year for IP litigation.
10 minute read
August 06, 2020 | The Recorder

Judge Freeman Poised to Award Amazon Fees in Big Patent MDL

U.S. District Judge Beth Labson Freeman said she's "really very troubled" by the shifting theories patentee PersonalWeb Technologies pursued over the course of the case. But she sounded wary of awarding Amazon the entire $6.1 million it's seeking.
4 minute read

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