Amazon’s Private Patent Proceedings

One can find nearly anything for purchase online today—as online retailers continue to stretch the bounds of the online marketplace and supplant brick-and-mortar alternatives. At the forefront, Amazon has led the charge, stocking their online marketplace with everything from books and electronics to groceries and even health care services. It…

Supreme Court: Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC

The Supreme Court recently agreed to decide whether inter partes review, a post-issuance proceeding introduced by the America Invents Act ("AIA"), violated the Constitution. The constitutional challenge alleged that the inter partes review process ("IPR") violated the Constitution by extinguishing private property rights through a non-Article III federal court and…

SunEarth Inc. v SunEarth Solar, et.al.: Easier to Shift Fees in 9th Circuit Trademark Cases

October 24, 2016.  In the matter of SunEarth, Inc. v. SunEarth Solar, the 9th Circuit has made less stringent the standard to shift fees to an adversary.  In the past, appellate courts across the country reviewed fee award standards under the "exceptional" standard, which normally required really bad conduct in litigation or…