Brilliant New Book on Ethics in Prosecution 2015 Edition Out Now!

December 1, 2014Attorney Fees, Best Mode, Book Review, Books, conflict of interest, Enablement, Ethics, Fee Shifting, Fees, Inequitable Conduct, Invalidity, Inventorship, Law Firm Practice, Local Rules, Patent, Patent Prosecution, Procedure, PTAB, Work - Patent Agent, Work - Patent Litigation, Work - Patent ProsecutionFirst to Invent, paidDavid

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Case dismissed as sanction for misrepresentations

August 29, 2014- US - Southwest, Attorney Fees, District Court, Ethics, Fee Shifting, Fees, Patent, Patent Cases 2014Inequitable Conduct, paidDavid

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Fee Shifting as a Risk Management Exercise

May 21, 2014Fee Shifting, PatentMarking, paid, USPTO Director, VenueDennis Crouch

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Fee Shifting in the Future

May 16, 2014Attorney Fees, Ethics, Fee ShiftingLicenses, paidDavid

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Williams & Woelker on Fee Shifting | Hricik News

May 15, 2014Attorney Fees, Fee Shifting, PatentpaidDennis Crouch

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Attorney Fees Awarded Following Consent Decree

May 1, 2014Attorney Fees, Fee Shifting, PatentpaidDennis Crouch

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Fee Shifting: First the Supreme Court, Now Congress

April 30, 2014Attorney Fees, Fee Shifting, Patent, Supreme Courtpaid, Supreme CourtDennis Crouch

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Preempting Patent Reform

April 24, 2014Attorney Fees, Fee Shifting, PatentpaidDennis Crouch

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Fee Shifting

April 7, 2014Attorney Fees, Fee Shifting, PatentpaidDennis Crouch

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Scholarship: What Patent Attorney Fee Awards Really Look Like

March 11, 2014Attorney Fees, Fee Shifting, PatentpaidDennis Crouch

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Supreme Court on Fee Shifting – A review of Oral Arguments in Octane Fitness and Highmark

February 26, 2014Attorney Fees, Fee Shifting, Patent, Supreme Courtobviousness, paid, Supreme Court, VenueDennis Crouch

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Patent Plaintiffs May Welcome More Fee Shifting

February 25, 2014Attorney Fees, Fee Shifting, Patentobviousness, paidDennis Crouch

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Further thoughts on Fee-Shifting from Judges Rader and O’Malley

December 28, 2013Attorney Fees, Fee Shifting, PatentAffirmed Without Opinion, obviousness, paidDennis Crouch

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What is an Exceptional Case such that Court Should Award Attorney Fees?

October 3, 2013Attorney Fees, Fee Shifting, PatentDamages, Enablement, Inequitable Conduct, paid, Supreme CourtDennis Crouch

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Raising Maintenance Fees for Non-Practiced Inventions

September 19, 2013Attorney Fees, Fee Shifting, PatentpaidDennis Crouch

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Full Attorney Fees ($9m) Awarded for Pattern of Vexatious Litigation Strategy, Affirmed on Appeal

August 13, 2013Attorney Fees, Fee Shifting, Patentpaid, USPTO DirectorDennis Crouch

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Should we Move Toward More Fee Shifting in Patent Cases?

October 24, 2012Attorney Fees, Fee Shifting, PatentAffirmed Without Opinion, AIA Trials, Claim Construction, Damages, Federal Circuit En Banc, Inequitable Conduct, paid, PGRDennis Crouch

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USPTO Begins Process of Setting Fees and Shifting Applicant Behavior

February 8, 2012Attorney Fees, Fee Shifting, PatentpaidDennis Crouch

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Shifting Burden of Production Does Not Shift Burden of Proof; PTO Deference

October 14, 2008Attorney Fees, Fee Shifting, Patentanticipation, Enablement, Inequitable Conduct, paid, Written DescriptionDennis Crouch

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IPO Supports Attorney Fee-Shifting, Opposes PTO Authority

December 9, 2006Attorney Fees, Claim Construction, Fee Shifting, Patent, Patent LegislationClaim Construction, paid, USPTO DirectorDennis Crouch

The Intellectual Property Owner’s Association (IPO) has taken a new stand on patent reform through its passage of three specific resolutions in reaction to the pending Senate bill S.3818 that had been supported by Senators Hatch and Leahy. Resolutions:

(1) supporting a requirement that a court award attorney fees to the winning party in most patent cases; [fees “shall” be awarded unless the losing position was “substantially justified”or if the award would be unjust because of special circumstances].

(2) opposing any change to give substantive rule-making authority to the USPTO; and

(3) opposing any right for an interlocutory appeal from claim construction decisions in patent litigation.

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