Category Archives: Litigation

Discretion to Award Attorneys’ Fees for Inequitable Conduct

By James Juo. At the end of patent litigation, a district court may award reasonable attorneys’ fees to the prevailing party in “exceptional cases.” 35 U.S.C. § 285. If the district court find the case to be “exceptional,” then the district court exercises its discretion to determine whether to award attorney fees based on the […]

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Have You Considered Ford Lately?

The October issue of the Colorado Lawyer magazine has published an article entitled “Have You Considered Ford Lately?” written by Thomas P. Howard LLC attorney James Juo about the evolving jurisprudence on specific personal jurisdiction in the U.S. Supreme Court and the Tenth Circuit’s traditional focus on causation. The U.S. Supreme Court in Ford Motor Co. rejected […]

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Personal Jurisdiction Requires More Than Fortuitous Contacts

By James Juo. In analyzing specific personal jurisdiction, courts look to whether there are sufficient minimum contacts, and whether the exercise of jurisdiction is reasonable. The minimum contacts inquiry with regard to specific jurisdiction is essentially a two-part test: (1) whether the defendant purposefully availed himself of the privilege of conducting business in the forum […]

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Stay for Specific Discovery Only

By James Juo. In the U.S. District Court for the District of Colorado, filing a motion for protective order against specific discovery under Fed. R. Civ. P. 26(c) will automatically stay that specific discovery unless otherwise ordered. D.C.Colo.LCivR 30.2(a). But this does not apply to a motion seeking a blanket stay of all discovery pending […]

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Arbitration, Except During Inter Partes Review

By James Juo. There is a strong federal policy favoring arbitration agreements which is reflected in the Federal Arbitration Act (FAA) and the case law, see, e.g., AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 346 (2011). Also, 35 U.S.C. § 294 states that a contract involving a patent may require arbitration of “any dispute […]

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