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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)
- 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)
- Section 1927 (1)
- The Federal Circuit's 1995 Markman3 decision (1)
Articles 1 - 2 of 2
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.