SEARCH THIS BLOG

Categories

November 2021

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30        

Archives

More...

« Special Fee Shifting Statutes:  $65,000 CCP § 1038 Fee Sanctions Award Against Plaintiff Losing To Calaveras County Affirmed On Appeal | Main | Class Action:  Seventh Circuit Court Of Appeals, In A Posner-Authored Decision, Reverses Class Counsel Fee Award To Lodestar Found Reasonable »

August 18, 2017

Intellectual Property:  Federal Circuit Determines That No Jury Trial Right Attaches To Awarding Attorney’s Fees Under Patent Act

Fees Are An Equitable Remedy, Left For Court Determination.

            In AIA America, Inc. v. Avid Radiopharmaceuticals, No. 2016-2647 (Fed. Cir. Aug. 10, 2017) (published) (Hughes, J.), a district judge awarded a prevailing defendant over $3.9 million in attorney’s fees under Section 285 of the Patent Act (35 U.S.C. § 285).  Plaintiff appealed, claiming this was a jury issue.  Not so, said the Federal Circuit.  The Seventh Amendment right to a jury trial does not apply to attorney’s fees being considered under Section 285; rather, it is an equitable remedy for the district court to decide. 

Posted at 04:37 PM in Cases: Intellectual Property |

Comments

The comments to this entry are closed.