James I. Zirkle

James I. Zirkle

A registered patent lawyer with a background in computer engineering, James Zirkle works with clients on intellectual property issues, focusing on litigation and patent counseling. James handles patent litigations involving various technologies, including wireless communications and medical devices, and trademark litigation. In addition, he prepares petitions for inter partes review of patents before the United States Patent and Trademark Office. James also assists clients with the intellectual property aspects of mergers and acquisitions, collaborations, and licensing arrangements.

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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