The Seventh Amendment Right to a Jury Trial Does Not Apply to Requests for Attorney’s Fees Under § 285 of the Patent Act

AIA AMERICA v. AVID RADIOPHARMACEUTICALS:  August 10, 2017.  Before Newman, Lourie, and Hughes.   Takeaway: The Seventh Amendment right to a jury trial does not apply to requests for attorney’s fees under § 285 of the Patent Act. The district court did not err by making factual findings not foreclosed by …

CAFC Upheld TTAB’s Decision to Deny Registration of a Mark Merely Descriptive of a Feature of Goods and Services

IN RE:  NORTH CAROLINA LOTTERY:  August 10, 2017.  Before Prost, Chen and Hughes.   Takeaway: As a legal matter, the TTAB did not err by considering the explanatory text of the specimens in the inquiry of whether the mark was descriptive. A mark that merely describes a feature of goods and …

Decision on Attorney’s Fees Vacated and Remanded Because the District Court Used an Incorrect Standard and Made Multiple Errors

ROMAG FASTENERS v. FOSSIL:  August 9, 2017.  Before Newman (concurring-in-part, dissenting-in-part), Dyk (majority), and Hughes.   Takeaway: The Lanham Act should have the same standard for recovering attorney’s fees as the Patent Act in light of Octane. In determining whether a case is exceptional for 35 U.S.C. § 285 fees, a district court …

Denial of Attorneys’ Fees Is Reversed for Abuse of Discretion

ADJUSTACAM, LLC v. NEWEGG, INC.: July 5, 2017. Before Reyna, Mayer, Hughes. Takeaway: Denial of attorneys’ fees under § 285 is reviewed under an abuse of discretion standard. While district courts are owed deference in deciding fees motions, that deference is not absolute, and the CAFC will not defer to …

Contacts with a Forum State that Occurred Prior to the Issuance of a Patent are Not Sufficient to Confer Personal Jurisdiction for a Patent Infringement Case

NEXLEARN, LLC, v. ALLEN INTERACTIONS, INC.: June 19, 2017.  Before Moore, Schall, and Hughes   Takeaway: A defendant’s contacts with a forum state that occurred prior to the issuance of a patent are not sufficient to confer specific personal jurisdiction for a patent infringement case after the patent issues. Absent any …