10th Circuit Declines to be the Exception and Follows Patent Act Standard for Prevailing Party Attorney's Fees in "Exceptional Cases" under Lanham Act | Dorsey & Whitney LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
/PRNewswire/ ICON Health & Fitness, a global leader in connected fitness software, content and equipment, today announced that it has changed its corporate.
By Memorandum Opinion entered by the Honorable Richard G. Andrews in
Peleton Interactive, Inc. v. ICON Health & Fitness, Inc., Civil Action No. 20-662-RGA (D.Del. May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims. In doing so, among other things, the Court concluded that Peleton’s statements describing itself in its advertisements as an “innovator” and “hardcore technology company” are non-actionable puffery under the Lanham Act.
Id. at 13.
ITC Institutes Investigation (337-TA-1265) In Certain Fitness Devices - Intellectual Property mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
In
Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.”
As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” The determination of whether to award fees requires a two-step process: first, the court must make a factual determination as to whether the case is “exceptional,” and second the court must exercise its discretion to determine if an award of attorney fees is warranted. Under the Federal Circuit’s holding in