Federal Circuit: No Right To Jury Trial In Section 285 Disputes

(August 11, 2017, 10:47 AM EDT) -- WASHINGTON, D.C. — A Pennsylvania federal judge did not err in making factual findings not foreclosed by a jury’s verdict that a patent plaintiff lacked standing to assert infringement, in connection with a subsequent decision to award two prevailing infringement defendants $3.9 million in attorney fees, the Federal Circuit U.S. Court of Appeals ruled Aug. 10 (AIA America Inc. v. Avid Radiopharmaceuticals, No. 16-2647, Fed. Cir., 2017 U.S. App. LEXIS 14745).

(Decision available.  Document #16-170821-010Z.)

According to the appellate panel of Circuit Judges Pauline Newman, Alan...
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