20 Cited authorities

Octane Fitness, LLC v. Icon Health & Fitness, Inc.
572 U.S. 545 (2014) Cited 1,393 times 122 Legal Analyses
Holding that an "exceptional" case under § 285 is "one that stands out from others with respect to the substantive strength of a party's litigating position ... or the unreasonable manner in which the case was litigated"
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,836 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Alyeska Pipeline Co. v. Wilderness Soc'y
421 U.S. 240 (1975) Cited 4,731 times 9 Legal Analyses
Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party
Phillips v. AWH Corp.
415 F.3d 1303 (Fed. Cir. 2005) Cited 5,729 times 164 Legal Analyses
Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"
Herman MacLean v. Huddleston
459 U.S. 375 (1983) Cited 1,312 times 11 Legal Analyses
Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act
Norman v. Housing Auth., City of Montgomery
836 F.2d 1292 (11th Cir. 1988) Cited 2,822 times
Holding that, when there is inadequate evidence of a prevailing market rate for a particular service, the district court is considered an expert on the question of reasonable fees and can consider its own knowledge and experience without additional pleadings or a hearing
Loranger v. Stierheim
10 F.3d 776 (11th Cir. 1994) Cited 1,015 times
Holding that an across-the-board percentage reduction in attorney fees is appropriate so long as the court provides a “concise but clear explanation of its reasons for the reduction”
Brooks Furniture Mfg. v. Dutailier Intern
393 F.3d 1378 (Fed. Cir. 2005) Cited 282 times 46 Legal Analyses
Finding that bad faith is not established when a court "reached a different conclusion on the merits of infringement"
Villano v. City of Boynton Beach
254 F.3d 1302 (11th Cir. 2001) Cited 237 times
Holding that where compensatory damages are “the primary relief sought and become the only relief obtained,” the court may consider the amount of damages awarded in setting a fee award
MarcTec, LLC v. Johnson & Johnson
664 F.3d 907 (Fed. Cir. 2012) Cited 142 times 3 Legal Analyses
Holding it was litigation misconduct for a plaintiff to "persist in advancing unfounded arguments that unnecessarily extended litigation," and that plaintiff's "decision to continue the litigation after claim construction" supported the exceptional case finding
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,439 times 143 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Section 1920 - Taxation of costs
28 U.S.C. § 1920 Cited 12,594 times 91 Legal Analyses
Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States
Section 112 - Specification
35 U.S.C. § 112 Cited 7,287 times 1030 Legal Analyses
Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it
Section 285 - Attorney fees
35 U.S.C. § 285 Cited 3,206 times 481 Legal Analyses
Granting district courts discretion to award reasonable attorney fees to the prevailing party in exceptional cases
Section 1821 - Per diem and mileage generally; subsistence
28 U.S.C. § 1821 Cited 2,257 times 38 Legal Analyses
Enumerating witness fees and disbursements
Section 111 - Application
35 U.S.C. § 111 Cited 216 times 85 Legal Analyses
Requiring submission of a fee with the application

Cinclips, LLC v. Z Keepers, LLC

20 Cited authorities

Holding that an "exceptional" case under § 285 is "one that stands out from others with respect to the substantive strength of a party's litigating position ... or the unreasonable manner in which the case was litigated"

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act

Holding that, when there is inadequate evidence of a prevailing market rate for a particular service, the district court is considered an expert on the question of reasonable fees and can consider its own knowledge and experience without additional pleadings or a hearing

Holding that an across-the-board percentage reduction in attorney fees is appropriate so long as the court provides a “concise but clear explanation of its reasons for the reduction”

Finding that bad faith is not established when a court "reached a different conclusion on the merits of infringement"

Holding that where compensatory damages are “the primary relief sought and become the only relief obtained,” the court may consider the amount of damages awarded in setting a fee award

Holding it was litigation misconduct for a plaintiff to "persist in advancing unfounded arguments that unnecessarily extended litigation," and that plaintiff's "decision to continue the litigation after claim construction" supported the exceptional case finding

Holding party seeking fees may additionally seek "nontaxable expenses"

Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States

Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

Granting district courts discretion to award reasonable attorney fees to the prevailing party in exceptional cases

Enumerating witness fees and disbursements

Requiring submission of a fee with the application