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National Small Business Association v. Janet Yellen, Case 5:22-cv-01448-LCB (NDAla, slip op. 1 March 2024): Corporate Transparency Act Unconstitutional Pending Appeal
4 Mar 2024, 5:56 pm
As always, “[o]uranalysis begins and ends with the text,” Octane Fitness, LLC v. [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
Attorney Fees on Undecided Inequitable Conduct Issues
8 May 2023, 9:00 am by Dennis Crouch
Octane Fitness, LLC v. [read post]
Patently-O - https://patentlyo.com
Trademark Owner Fucks Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon
26 Jul 2022, 7:34 am by Eric Goldman
Groupon moved for attorneys’ fees pursuant to the Lanham Act fee-shifting provision, which applies in “exceptional” cases (as defined by Octane Fitness). [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Likely confusion alone justifies liability but not damages or profits in exercise equipment case
15 Jul 2022, 1:29 pm by Rebecca Tushnet
Core Health & Fitness, LLC, 2022 WL 2751685, --- F.4th ----, 2022 WL 2751685 (6th Circuit Jul. 14, 2022) The court of appeals, over a dissent that would have upheld everything, upholds a jury confusion verdict on fairly thin grounds, and upholds the trial court's rejection of the jury's damage award, but rejects a profits enhancement/attorneys’ fee award to avoid double-counting and reliance on theories that would not be sufficient to uphold the underlying jury… [read post]
43(B)log - http://tushnet.blogspot.com/
Pushing the Limits? A Primer on FTC Competition Rulemaking
7 Jul 2022, 11:26 am by Maureen K. Ohlhausen & James F. Rill
The Court in AMG Capital Management, LLC v. [read post]
Truth on the Market - http://truthonthemarket.com/
Attorney fees awarded since patentee knew it had a losing case.
15 Oct 2021, 7:40 am by Dennis Crouch
 Octane Fitness, LLC v. [read post]
Patently-O - http://patentlyo.com/patent
Seventh Circuit Affirms Denial of Fees for Trademark Infringement Case
19 Jul 2021, 12:23 pm by Overhauser Law Offices, LLC
” Practice Tip: Under Octane Fitness, LLC v. [read post]
Indiana Intellectual Property Lawyer Blog - http://www.iniplaw.org/
District Court Denies Defendant’s Motion for Attorney’s Fees Even After Granting Clear Summary Judgment on Noninfringement Grounds
7 May 2021, 1:58 pm by Eric Caligiuri
  Under the Federal Circuit’s holding in Octane Fitness, LLC v. [read post]
IP Law Blog - http://www.theiplawblog.com/
MORTGAGE APPLICATION TECH. v. MERIDIANLINK, INC: Loss on 101 but no attorney's fees awarded
12 Jan 2021, 4:19 pm by Lawrence B. Ebert
” Octane Fitness, LLC v. [read post]
IPBiz - http://ipbiz.blogspot.com/
Court Leverages PTAB Result in Awarding Attorney Fees
1 Mar 2020, 9:01 pm by Scott McKeown
  Octane Fitness, LLC v. [read post]
Patents Post-Grant - http://www.patentspostgrant.com
District Court Ordered to Reevaluated Whether Defendants Were Entitled to Fees in Trademark Dispute
29 Jan 2020, 2:10 pm by Peter S. Lubin and Patrick Austermuehle
The second standard, a more relaxed totality of the circumstances analysis under the Patent Act, was announced by the Supreme Court in Octane Fitness, LLC v. [read post]
Chicago Business Litigation Lawyer Blog - http://www.chicagobusinesslitigationlawyerblog.com/
U.S. Court of Appeals for the Federal Circuit, Thermolife International LLC, Board of Trustees of the Leland Stanford Junior University, v. GNC Corp., Docket No. 2018-1657, 2018-1666
23 Dec 2019, 12:52 pm
” Octane Fitness, LLC v. [read post]
Frederic Borel - http://fredericborel.blogspot.ch/
Trademark Litigation: Seventh Circuit Adopts New Standard for Lanham Act’s Fee-Shifting Provision
23 Dec 2019, 10:53 am by Overhauser Law Offices, LLC
The Court of Appeals held the Supreme Court’s decision in Octane Fitness, LLC v. [read post]
Indiana Intellectual Property Lawyer Blog - http://www.iniplaw.org/
Attorney Fees Designed to Deter Future Wasteful Litigation
16 Dec 2019, 9:31 am by Dennis Crouch
” Octane Fitness, LLC v. [read post]
Patently-O - http://patentlyo.com/patent
Supplement ingredient supplier lacks Article III standing against supplement seller
19 Aug 2019, 8:20 am by Rebecca Tushnet
American Fitness Wholesalers LLC, 2019 WL 3840988, No. [read post]
43(B)log - http://tushnet.blogspot.com/
Judge Fallon Denies Prevailing Party’s Motion to Declare Patent Case Exceptional
12 Aug 2019, 10:57 am by Gregory B. Williams
Callwave Communication, LLC, Civil Action No. 13-711-RGA (D.Del. [read post]
Delaware Intellectual Property Litigation - http://delawareintellectualproperty.foxrothschild.com/
Recovering Damages in a Trademark Infringement Lawsuit
9 Aug 2019, 1:06 pm by Michael Frasier
In Octane Fitness, LLC v. [read post]
Rubric Legal LLC Blog - http://rubriclegal.com/blog/
The probiotic worm turns: previous PI loser wins $15 million in Lanham Act case
26 Jun 2019, 1:50 pm by Rebecca Tushnet
 Still, under Octane Fitness, a fee shift was unwarranted; “there was no unusual discrepancy in the merits of the parties’ positions,” especially given that the VSL parties got two preliminary injunctions. [read post]
43(B)log - http://tushnet.blogspot.com/
Federal Circuit Affirms $1.3M Attorney’s Fees Award Under Octane Fitness Standard
20 May 2019, 5:15 am by Joseph Robinson & Robert Schaffer
See Thermolife Int’l, LLC v. [read post]
IPWatchdog - http://www.ipwatchdog.com/
Federal Circuit Affirms $1.3M Attorney’s Fees Award Under Octane Fitness Standard
20 May 2019, 5:15 am by Joseph Robinson & Robert Schaffer
See Thermolife Int’l, LLC v. [read post]
IPWatchdog.com | Patent Copyright Trademark - http://www.ipwatchdog.com