The Patent Act’s fee shifting provision provides that a “court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. Earlier this year, we reported on the Supreme Court’s decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749, 188 L. Ed. 2d 816 (2014), which revised the standard on fee shifting in patent cases, and held:
Arent Fox is a nationally recognized leader in patent litigation. Our firm has a wide range of experience representing corporations, manufacturers, distributors, retailers, professionals, nonprofit organizations, and associations in a vast array of industries in federal court litigation, before the International Trade Commission, and in other disputes.
Arent Fox has been involved in hundreds of suits involving patent infringement and related IP issues. The Arent Fox patent litigation group includes a combination of patent lawyers with varied technical backgrounds and seasoned trial lawyers focusing only on patent litigation. In the past two decades, Arent Fox patent litigators have been lead counsel in more than 100 patent cases in numerous jurisdictions. Many of these cases involve pharmaceuticals, telecommunications, semiconductors, consumer electronics, data encryption, authentication, online purchases/customized offers, and business methods.
Arent Fox also counsels clients on how to avoid liability for patent infringement and how to enforce their patent rights. We are skilled in devising strategies for protecting intellectual property rights without resorting to litigation.
We utilize the latest innovations in litigation support technology, including document scanning and retrieval systems, which can be used at trial to retrieve documents from large databases. We also use litigation software that provides full-text scanning and retrieval of depositions and court transcripts as well as key word searches to retrieve the most relevant portions of testimony.
Without a Republican majority in the Senate last year, Congress was unable to pass patent reform legislation. The primary contender, as we previously reported, was the Innovation Act, sponsored by House Judiciary Committee Chairman Rep. Bob Goodlatte (R-VA).
On December 5, 2013, the House of Representatives passed the Innovation Act (H.R. 3309) by a vote of 325 to 91. This bill, sponsored by House Judiciary Committee Chairman Bob Goodlatte (R-VA), is designed to curtail the abuses of so-called “patent trolls” and to supplement provisions of the America Invents Act, which went into effect on September 16, 2011. In contrast to the fairly quick action by the House, the Senate is working at a slower pace and will hold its first hearing on the differing Senate version of this legislation, the Patent Transparency and Improvements Act (S.
ABOUT ARENT FOX LLP
Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.