- Computer Law
- International Practice
|Important Intellectual Property Cases at the Supreme Court - Octane Fitness and Highmark - Podcast|
On Wednesday, February 26, 2014, the Supreme Court heard two cases dealing with relief available to a prevailing party in patent litigation. Section 285 of the Patent Act allows the court, upon the finding that the case is “exceptional,” to award reasonable attorney fees to the prevailing party. The Federal Circuit has long held that in order to satisfy the “exceptional” standard there must be a showing that the arguments made to the court are not just “baseless,” “frivolous,” or “objectively unreasonable,” but that the losing party must have known that its arguments are in fact frivolous.
In Octane Fitness, the Court will address whether this two-prong test is the correct standard under Section 285, while in Highmark the Court addressed a narrower issue of whether the District Courts findings under Section 285 are entitled to deference.
|Is IP Property or Government-Conferred Monopoly? - Event Audio/Video|
The Federalist Society's Faculty Division hosted a panel discussion that asked "Is IP Property or Government-Conferred Monopoly?" on Friday, January 3, 2014, during the 16th Annual Faculty Conference.
Panel 1: Is IP Property or Government-Conferred Monopoly?
Warwick New York Hotel
|The Electorate and the Courts - Event Audio/Video|
Closing Panel: The Electorate and the Courts
|Showcase Panel IV: Textualism and Statutory Interpretation - Event Audio/Video|
In recent years, textualism has come to replace legislative history as the most important tool available to Supreme Court Justices when interpreting statutory text. This panel will examine the new textualism and will debate its merits. What are the arguments for and against textualism? When, if ever, ought a judge consider legislative history? This panel will also address the question of whether theJjustices all share the same approach to statutory interpretation or whether they continue to diverge in predictable ways. What effect does the choice of interpretive techniques have on congressional drafting of legislation in the future?
The Federalist Society's Practice Groups presented this showcase panel on "Textualism and Statutory Interpretation" on Saturday, November 16, during the 2013 National Lawyers Convention.
Showcase Panel IV: Textualism and Statutory Interpretation