Author Archives: Steven Callahan

Federal Circuit to RPX: “In IPR, You Only Get One Shot”

Posted on June 16, 2019 by Steven Callahan

As Eminem once said, “You only get one shot, do not miss your chance to blow / This opportunity comes once in a lifetime.” On January 17, 2018, the Federal Circuit similarly told RPX in RPX Corp. v. Chanbond (available … Continue reading →

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Judge Posner Gets It Wrong On Patents: A Patent Doesn’t Give Anyone The Right To Practice The Invention

Posted on June 1, 2019 by Steven Callahan

I had lunch the other day with an attorney who said that, when he was in law school, ol’ Learned Hand was the judge whose cases you were most often likely to read. I remember only one of Hand’s cases, … Continue reading →

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Section 285 Of Patent Act Cannot Be Used To Obtain Attorney’s Fees From Opposing Counsel

Posted on June 1, 2019 by Steven Callahan

So holds the district court (C.D. Cal.) in Cap Export v. Zinus (available here). As I previously noted, courts have used Section 285 of the Patent Act—which provides that “[t]he court in exceptional cases may award reasonable attorney fees to … Continue reading →

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What Business Does the Seventh Circuit Have Opining On Patent Law?

Posted on June 1, 2019 by Steven Callahan

The other day, I came across the Seventh Circuit’s decision in ABS Global v. Genus PLC (available here) and nearly fell out of my chair. While I knew a non-Federal Circuit appellate court could have jurisdiction over a case involving … Continue reading →

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Another Spectacular Redaction Fail

Posted on June 1, 2019 by Steven Callahan

As reported previously (see, e.g., here, here, here, and here), Paul Manafort’s lawyers did a bad job redacting a pleading in his criminal case. The pleading is available here. Starting on page 5 are numerous redactions. If you highlight the … Continue reading →

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Judge Godbey Awards Ford $2.1 Million In Attorney’s Fees Under Section 285 Of The Patent Act

Posted on May 6, 2019 by Steven Callahan

On April 9, 2019, Judge Godbey tacked on $2.1 million in attorney’s fees to a $493,000 damages award in a case brought by Ford for design patent infringement (decision available here). (The Court had previously granted summary judgment of infringement … Continue reading →

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Federal Circuit Upholds District Court Attorney-Fee Award Premised On Unjustified Infringement Position, Where Patent Was Invalidated

Posted on May 6, 2019 by Steven Callahan

On May 1, 2019, the Federal Circuit issued its opinion (available here) in Thermolife v. GNC Corp. In an unusual fact pattern, the district court invalidated the plaintiffs’ patent and then imposed a Section 285 attorney-fee award (for $1.3 million) … Continue reading →

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CCRG Obtains Transfer of Patent Case From Delaware to Dallas

Posted on May 6, 2019 by Steven Callahan

Congrats to my partners Brett Charhon, Martin Robson, and Anthony Garza for obtaining a transfer of venue from Delaware to Dallas in a patent-infringement case we’re litigating on behalf of RMG Networks. Transfers out of Delaware are rare occurrences, especially … Continue reading →

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Owners of Patent Assertion Entities Beware—You May Be Personally Liable For The Defendant’s Attorney’s Fees

Posted on April 14, 2019 by Steven Callahan

Section 285 of the Patent Act states that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. The statute does not say who pays the fees, but the assumption (mine, at … Continue reading →

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Judge Godbey Awards AT&T $258,000 in Attorney’s Fees Under Section 285 of the Patent Act, Finding Hourly Rates from $315-$795/Hour Reasonable

Posted on April 14, 2019 by Steven Callahan

On March 22, 2019, Judge Godbey issued an opinion (available here) in Advanced Media Networks v. AT&T Mobility. Judge Godbey previously found that AT&T could recover attorney’s fees incurred after the Court issued its claim-construction opinion. Judge Godbey found that … Continue reading →

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