In The News

In The News . . . . Attorney’s Fees Not Awarded In Trademark And Patent Infringement Cases Under “Exceptional” Circumstance Statutes

In The News

  Neurovision/NuVasive Trademark Infringement Action.       U.S. District Judge Dale Fischer (C.D. Cal.) recently denied Neutrovision Medical Products’ request for attorney’s fees against NuVasive, Inc. under the trademark “exceptional” circumstance Lanham Act fee-shifting statute. Neutrovision won a $300 million verdict infringement verdict, but District Judge Fischer believed NuVasive had potentially meritorious defenses and would not

In The News . . . . Improving Economy Means Bigger Bonuses For Large New York Firm Associates, More Women Leading Law Firms, And More In-House Corporate Work Staying “In-House”

In The News

       Co-contributor Mike’s father-in-law Tom Basehart has provided his stash of news articles with tidbits of interest for our readers. Here is a synopsis of the articles he pulled, with some interesting trends—some in line with an improving economy and another not so much with respect to in-house corporate legal business. Three Elite New

In The News . . . . Seventh Circuit Reverses Nearly $2 Million Fee Award Where Class Distributions Only Came To $865,284

Cases: Class Actions, In The News

  Circuit Judge Posner Disturbed With Valuation, Reversion (“Kicker”) Clauses, And Convoluted Claim Forms.      Circuit Judge Posner, on behalf of a 3-0 panel, authored an opinion in Pearson v. NBTY, Inc., Nos. 14-1198 et seq. (7th Cir. Nov. 19, 2014) in which a class action fee award was scuttled because it was too high—finding

In The News . . . . VoxerNet Gets Patent Fee Recovery Under Octane Standard And Fifth Circuit Grants Rehearing To Evaluate Continued Validity Of Pro-Snax Decision

In The News

  VoxerNet Fee Recovery.      On November 6, 2014, a California federal district judge awarded VoxerNet, an application development start-up company, $820,000 in attorney’s fees for prevailing in a voice mail patent infringement suit against it. The U.S. Supreme Court’s Octane/Highmark cases led to this ruling, with this precedential duology seeming to be used more

In The News . . . . $14 Million Is Stockton, CA’s Bankruptcy Tab So Far And Littler Mendelson Denied Fee Recovery And Hit With Sanctions For Bringing Deficient Fee Request In ADA Federal Case

In The News

  Stockton’s Bankruptcy Tab.      Recently, a federal bankruptcy court has approved Stockton’s exit from bankruptcy in a Chapter 9 case. After about two years of work, the bankruptcy attorney tab for the Stockton bankruptcy has been reported to be around $14 million. Littler Mendelson’s Fee Motion Is Deficient, With The Firm Having to Pay

In The News . . . . 2014 HBR Consulting Corporate Law Department Survey Shows Spending Up For In-House Counsel Worldwide During 2012-2013

In The News

  However, Spending On Outside Counsel Went Down 2% Worldwide.      HBR Consulting, a legal business operations and technology consultancy, recently has issued its 2014 Corporate Law Department survey of 292 in-house legal departments (many of which are Fortune 500 companies).      The results show that, for 2012-2013 on a worldwide basis, legal spending was

In The News . . . . U.S. District Judge Lucy Koh Provides A Roadmap For Recoverable Costs In Patent Infringement/Complex Federal Cases

Cases: Costs, In The News

Videotape Deposition Copies, E-Discovery Expenses, and Interpreter Expenses Discussed.      U.S. District Judge Lucy Koh, in Apple Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846-LHK (N.D. Cal. Sept. 19, 2014, Doc. 3193), ruled on Apple’s request for an award of “routine” costs—although the request was substantial—in the patent infringement litigation against Samsung involving smartphones

In The News . . . . Easton Area School District Agrees To Pay $385,000 In Fees In “I (Heart) Boobies!” Case

In The News

  Protected Speech Case Finally Gets Resolved.      Easton Area School District, which is in the Lehigh Valley area of Pennsylvania, has agreed to pay the ACLU, attorneys for plaintiff students, $385,000 in fees for successfully upholding students’ rights to wear “I (heart) Boobies!” bracelets to promote breast-cancer awareness. District claimed they were lewd, but

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