Sanctions

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Prevailing defendant’s motion for fees denied by Judge Liman. The Octane standard for “exceptionality” includes frivolousness, motivation, objective uneasonableness (both in the factual and legal components of the case, and the need in particular circumstances to advance considerations of compensation and deterrence.

Plaintiff’s patents, although found to be unenforceable at the motion to dismiss stage,…

Sweet People Apparel v Saza Jeans, 14-1143-DMG (CD Cal May 25, 2016). Individual attorneys had been sanctioned under Rule 11/37 for ‘evasive or incomplete discovery’ (discovery docs had been redacted without proper indicia as such). Order of sanctions amended in absence of indication that trial counsel were personally responsible; law firm bears responsibility for…

Judge Posner awards fees against the Conan Doyle Estate. Special word search game: find the words ‘violate the antitrust laws’ in this decision.

Bonus reference to the Happy Birthday copyright scheme, uh, dispute.

klinger 7th circuit fees.pdf

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