This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Intellectual Property,
Civil Litigation

Sep. 10, 2020

Increasing the likelihood of attorney fee recovery in patent cases

For patent infringement defendants, successful assertion of the following defenses measurably increases their chances for recovery of attorney fees. Likewise, patent infringement plaintiffs can significantly enhance their fee recovery position by defeating such defenses on their merits.

Dariush Adli

President
ADLI Law Group

444 S Flower St
Los Angeles , CA 90071

Email: adli@adlilaw.com

Univ of Michigan Law Sch; Ann Arbor MI

Recently the U.S. Court of Appeals for the Federal Circuit, which has nationwide jurisdiction over patent appeals, vacated a district court ruling which had denied recovery of attorney fees to the prevailing party in a patent infringement lawsuit. See Electronic Communication Technologies, LLC v. ShoppersChoice.com, LLC, 2019-2087 (Fed. Cir. July 1, 2020). The ruling continues a liberalizing trend in attorney fees awards to prevailing parti...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up