James I. Zirkle

James I. Zirkle

James Zirkle is an associate in the Intellectual Property Group and has represented clients in patent litigations involving various technologies, including wireless communications and medical devices. In addition, he also has experience preparing petitions for inter partes review of patents before the United States Patent and Trademark Office.

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Attorneys’ Fees in Lanham Act Cases after Octane Fitness

The Lanham Act and the Patent Act both provide that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 15 U.S.C. § 1117(a)(3) (codifying § 35(a) of the Lanham Act); 35 U.S.C. § 285. The Supreme Court recently held in relation to the Patent Act that “an ‘exceptional’ case is simply one that stands out … Continue Reading