Insights
Firm News

One Year On, Octane Causing More Hard-Fought Patent Cases

May 1, 2015 Media Coverage

Law360
May 1, 2015
"One Year On, Octane Causing More Hard-Fought Patent Cases"

James Morando commented on the impact of the Octane Fitness decision one year later.  In his commentary he said that the changed fee-shifting landscape appears to be making nonpracticing entities more circumspect about the type of suits they bring and has influenced the strategic choices they make in litigation.

He pointed to two unrelated suits he has worked on in the past year where his clients felt the case was baseless and made clear to the plaintiffs that they were willing to go the distance to prevail and then seek fees. In both cases, the nonpracticing entities dismissed their case with prejudice, without the payment of any money other than an agreement not to seek fees.

"I'm not at all sure that these results would have been obtainable in the past," Morando said. "The greater threat of potential consequences in the way of an adverse fee award due to these Supreme Court decisions has, at least in my view, had a salutary effect on patent litigation and the burdens that they can impose on the court system."

Read full article (subscription required).

Firm Highlights

News

Chambers USA 2021 Recognizes Farella Braun + Martel Attorneys, Practices

Farella Braun + Martel announces that Chambers USA has recognized 13 lawyers and 6 practice areas in the legal directory’s 2021 edition. Individual Rankings: Tyler Gerking – Insurance: Policyholders Jeffrey Hamilton – Cannabis Law...

Read More
Publication

Tips For Banks As USAA Check Deposit Patent Dispute Grows

In January 2020, we wrote a  Law360 guest article  that highlighted some of the risks that followed Wells Fargo Bank NA's strategy in its patent dispute with the United Services Automobile Association over remote deposit check imaging technology. Nearly...

Read More
News

Douglas Young Receives 2021 Judge Learned Hand Award From AJC San Francisco

Read More
News

How I Made Partner: 'I Started Bringing in Cases That Generated Work for Me and for Others at the Firm,' Says Winston Liaw of Farella Braun + Martel

Read More
Publication

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation focused around the intellectual...

Read More
Publication

Cannabis IP: Using Intellectual Property to Protect Your Assets and Grow Your Business

Nate Garhart and Ashley Roybal-Reid discuss "Cannabis IP: Using Intellectual Property to Protect Your Assets and Grow Your Business." Intellectual property (IP) is a critical issue in the cannabis industry. Creating and protecting cannabis products...

Read More
News

Farella Names Rebecca Stephens and Nadia Arid As LCLD 2021 Pathfinders

Farella Braun + Martel is proud to announce that senior associate Rebecca Stephens and associate Nadia Arid were selected to be members of the 2021 class of Leadership Council on Legal Diversity (LCLD) Pathfinders...

Read More
Publication

Insights Into the First Patent Trial in Waco, Texas - MV3 Partners v. Roku

A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners...

Read More
Publication

IP Law up for Best Supporting Role in the COVID-19 Relief Spending Bill and Other New Legislation

The new, more than 5,000-page spending bill (formally known as The Consolidated Appropriations Act), which includes the latest COVID-19 relief, had a few surprises under its cover. Two of those surprises focus directly on...

Read More
News

Jeffrey Fisher Inducted to American College of Trial Lawyers

Read More