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- 17 U.S.C. §505 (1)
- Attorney's fees (1)
- Avoiding confusion (1)
- Bad faith (1)
- Civil procedure (1)
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- Construction of a patent (1)
- Copyright Act (1)
- Copyright infringement (1)
- Court's discretion in considering extrinsic evidence (1)
- Court's judicial tools for claim interpretation (1)
- Eleventh Circuit (1)
- Extrinsic evidence in patent claim interpretation (1)
- Federal Circuit's Vitronics Corp. v. Conceptronic (1)
- Federal Rule of Civil Procedure (1)
- Fee shifting (1)
- Finding of law (1)
- Frivolous claim (1)
- Inc. (1)
- Intellectual property (1)
- Kirtsaeng v. John Wiley & Sons (1)
- Patent infringement suit (1)
- Rule 11 (1)
- Sanctions (1)
- Sanctions for Protective Order Violations (1)
- Section 1927 (1)
- The Federal Circuit's 1995 Markman3 decision (1)
Articles 1 - 3 of 3
Full-Text Articles in Civil Procedure
Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney’S Fees Under Section 505 Of The Copyright Act, David E. Shipley
Journal of Intellectual Property Law
The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …
Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster
Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster
Journal of Intellectual Property Law
No abstract provided.
Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants, Adam J. Fitzsimmons
Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants, Adam J. Fitzsimmons
Georgia Law Review
Litigants commonly struggle to balance the need to comply with discovery requests and the desire to protect valuable trade secrets. Protective orders to help strike that balance. Questions arise, however, when one of the parties violates that protective order and discloses the opponent's confidential information. Chiefly, what remedies are available for a party whose invaluable intellectual property has been disclosed? At least one circuit has held the most common sanction, payment of attorney's fees, is unavailable for a violation of a protective order. Generally, Federal Rule of Civil Procedure 37(b)(2) governs sanctions for violations of discovery orders, but the text …