Federal Circuit Limits Attorneys’ Fees in Exceptional Cases
By: Audrey A. Millemann
Two weeks ago, the Federal Circuit Court of Appeals limited the factors a district court may consider in determining the amount of attorneys’ fees to award in an “exceptional” patent infringement case. Lumen View Tech., LLC v. Findthebest.com, Inc. (January 22, 2016) 2016 U.S. App. LEXIS 1087.
Lumen was the exclusive licensee of a patent covering a method for facilitating bilateral and multilateral decisionmaking. The method required analyses of preference data from two groups of people.
Employers Can Demand Departing Employees Repay Training Costs
By: Lukas Clary
Training new employees is expensive. That is particularly true when an employer offers to pay for an employee’s educational training. The benefits of doing so include a more educated and well-trained workforce, as well as increased morale and employee loyalty. The risk, of course, is that an employee may decide to take his or her employer-funded education and use it to find another job somewhere else. Employers sometimes offset that risk by requiring the employee to sign an agreement to pay the employer back if he or she leaves for another job shortly after completing the education.
Copyright Infringement and the First Sale Defense
By: James Kachmar
The Ninth Circuit’s recent decision in the case of Dolby Systems, Inc. v. Christenson, focuses primarily on the issue of which party bears the initial burden of proof with regard to a “first sale” defense in a copyright infringement action. As the reader will see, however, this case really provides a cautionary tale as to the consequences a party may face when it plays games during discovery.