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BTLJ Blog
February 18th, 2011
The recent Tokai v. Easton opinion (PDF) raises a timely standard of review issue that the Supreme Court will soon consider in Microsoft v. i4i, and highlights the danger of hindsight bias in an obviousness analysis. The timely issue here regards the level of deference that a court should accord the ...
BTLJ Blog
February 8th, 2011
Summary Collectively, Brooks Furniture and iLOR v. Google (PDF) establish the standards a defendant must meet for an award of attorney fees from vexatious and unjustified litigation under 35 U.S.C. § 285. Brooks Furniture Manufacturing, Inc. v. Dutailier International, Inc., 393 F.3d. 1378 (Fed. Cir. 2005); iLOR v. Google (Fed. ...