October 25, 2021

Volume XI, Number 298

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October 22, 2021

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The Seventh Amendment Right to a Jury Trial Does Not Apply to Requests for Attorney’s Fees Under § 285 of the Patent Act

AIA AMERICA v. AVID RADIOPHARMACEUTICALS:  August 10, 2017.  Before Newman, Lourie, and Hughes.

Takeaway:

  • The Seventh Amendment right to a jury trial does not apply to requests for attorney’s fees under § 285 of the Patent Act.

  • The district court did not err by making factual findings not foreclosed by the jury’s verdict.

Procedural Posture:

On appeal from E.D. Penn., the CAFC affirmed the district court’s award of attorney’s fees in a patent infringement suit.

Synopsis:

  • Attorney’s fees: The CAFC affirmed the district court’s award of attorney’s fees to the defendants.  The Seventh Amendment right to a jury trial does not apply to requests for attorney’s fees under § 285 of the Patent Act.  Under the Tull test, requests for attorney’s fees under § 285 are equitable and do not invoke a right to a jury trial.  The district court did not err by making factual findings about AIA’s state of mind, intent, and culpability that were not precluded by the jury’s verdict.  Door-Master and Jurgens do not prevent a court, when deciding equitable issues, from making additional findings not foreclosed by the jury’s verdict.  AIA’s due process rights were not violated because the district court provided both parties the opportunity to submit and present any additional evidence, affidavits and arguments.

Copyright © 2021, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume VII, Number 299
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About this Author

Gregory L. Porter, Intellectual Property Attorney, Andrews Kurth, Law Firm
Partner

Greg Porter has extensive experience representing and advising companies in all aspects of patent and trade secret law, including acting as lead counsel in successful jury trials and preliminary injunction hearings, as well as advising on patent procurement and designing around competitor's patents. Greg also has counseled Fortune 500 clients on the creation and management of their patent portfolios.

Over the years, Greg has successfully litigated cases in a diverse range of technologies from oil field tools to polymers and computer networking. Greg has drafted and...

713-220-4621
Zaed Billah, Andrews Kurth Law Firm, Patent Litigation Attorney
Associate

Zaed has a decade of experience with patent litigation in U.S. District Courts and the U.S. International Trade Commission. He also has substantial experience with inter partes review proceedings in the U.S. Patent and Trademark Office and with appeals before the U.S. Court of Appeals for the Federal Circuit.

Zaed’s litigation responsibilities include taking and defending fact and expert depositions, writing motions and briefs, examining witnesses at trial, and preparing witnesses for deposition and trial. His recent litigations...

212-908-6125
Qi Zhao patent law attorney Andrews Kurth Law Firm
Associate

Qi has over eight years of experience in assisting clients on patent matters. She has handled more than 100 opinion matters in the areas of pharmaceuticals, chemicals and medical devices. She prepares infringement, validity and freedom-to-operate opinions relating to filings of Abbreviated New Drug Applications and 505(b)(2) New Drug Applications by a generic drug manufacturer. She also prepares and prosecutes patent applications in various technical areas, including small molecule pharmaceuticals, biologics, antibodies, vaccines, diagnostic assays, personalized medicine, food products,...

202.662.2392
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