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The 4th Circuit Authorizes a Heads I Win, Tails You Lose Attorneys' Fee Award in Certain Trademark Appeals

The Fourth Circuit Court of Appeals' recent ruling on attorneys fees in Shammas v. Focarino, No. 14-1191 (April 23, 2015), will, unless overturned by.. Read More

An Octane Boost for Attorneys Fees Awards in Patent Cases

The "exceptional" patent case just became more common. On April 29, in Octane Fitness v. Icon Health & Fitness, No. 12-1184, and Highmark v. Allcare.. Read More

Sciele Pharma: Making Old Art More Valuable in Patent Cases

In Sciele Pharma Inc. v. Andrx Corp., the Federal Circuit added some needed clarity to the concept of the "presumption of validity" in patent law,.. Read More

3M v. Avery Dennison (CAFC 2012): Avoiding a Declaratory Judgment Action for Non-Infringement

If you own a patent and become aware that it is being infringed, what are your options? Usually three: 1) sue; 2) don't sue and ignore the.. Read More

The Supreme Court Arguments on Obamacare Have a Local Angle

Day Two (March 27) of the three days of Supreme Court arguments on Obamacare (officially, the Affordable Care Act) focused on the constitutionality.. Read More

Did Sixth Circuit Resurrect "Special Appearance" Procedure in Jurisdiction Case?

In a recent 2‑1 decision addressing personal jurisdiction (Gerber v. Riordan, et al., No. 09-3790, 11a0225 p. 06 (Aug. 18, 2011)), the Sixth Circuit.. Read More