Latest Bid to Review Rule 36 Practice Shot Down by SCOTUS ipwatchdog.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from ipwatchdog.com Daily Mail and Mail on Sunday newspapers.
On March 23, 2023, Magistrate Judge Wang (S.D.N.Y.) recommended granting-in-part and denying-in-part Defendants’ T-Mobile, USA, Inc. and Samsung Electronics America, Inc.’s.
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On March 5, 2021, the Federal Circuit affirmed U.S. District Judge J. Paul Oetken’s (S.D.N.Y.) order dismissing the remaining claims of plaintiff Bobcar Media, LLC (“Bobcar”). On March 30, 2021, Judge Oetken denied a motion for attorneys’ fees by defendant Aardvark Event Logistics, Inc. (“Aardvark”).
Aardvark argued that it was entitled to attorneys’ fees because, under 35 U.S.C. § 285, the case was “exceptional” given Bobcar’s failure to produce a written assignment of patent ownership from the inventors and thus its failure to prove that it had standing to assert infringement claims. Judge Oetken rejected this argument, holding that neither Bobcar’s substantive litigating position nor the manner in which it litigated the case were so exception as to warrant fee-shifting. In so holding, the court noted that “the inventors who were principals of Bobcar had intended to transfer the patent o