March 6, 2015

Federal Circuit Court Decisions for Week Ending February 27, 2015

Biax Corp. v. Nvidia Corp., Nos. 2013-1649, -1653, -1654, February 24, 2015 (non-precedential); Patent Nos. 5,517,628 and 6,253,313

Key point(s):

  • Award of attorneys’ fees under 35 USC § 285 requires that a defendant demonstrate that the litigation was objectively baseless and brought in subjective bad faith.
  • Award of attorneys’ fees from opposing counsel under 35 USC § 1927 is inapplicable when opposing counsel puts forth only objectively reasonable arguments in the absence of bad faith.

Gilead Sciences, Inc. v. Michelle K. Lee, Deputy Director, U.S. Patent and Trademark Office, No. 2014-1159, February 26, 2015 (precedential) (3-0); Patent No. 8,148,374

Key point(s):

  • The filing of a supplemental information disclosure statement (IDS) may reduce the patent term adjustment (PTA) of an application.

Related Team:

Chad Dougherty