News

District Court Thwarts $100 Million Damages Award, Finding Litigation Conduct Exceptional – On IPWatchDog, Gene Quinn writes about a long, drawn-out patent infringement battle that “saw action in front of a jury, at the district court, at the PTAB, at the Federal Circuit, and even . . . the Supreme Court.”

Oracle Files Yet Another JEDI Challenge with the U.S. Supreme Court – Sebastian Moss on DataCenterDynamics.com reports that the “US military appears trapped in an endless conflict with no clear winner.”

Performance-Based Actions: How Much Is Too Much? – In an article on FedSmith.com, Robbie Kunreuther reflects on a decision by the Federal Circuit concerning “unacceptable performance cases and how they should be addressed.”

District Court Thwarts $100 Million Damages Award, Finding Litigation Conduct Exceptional

Reported by Gene Quinn on IPWatchDog.com

In a post on IPWatchDog, Gene Quinn reports on the “series of patent infringement lawsuits [beginning in 2011] against Domino’s and over 30 other defendants relating to the alleged  infringement of four patents for menu generation and synchronization of data for mobile devices.” Quinn notes that the dispute has a “somewhat convoluted procedural history,” but, in the end, the U.S. District Court for the Southern District of California “awarded Domino’s $2.7 million in attorneys’ fees and costs after finding the case exceptional within the meaning of 35 U.S.C. 285.”

Oracle Files Yet Another JEDI Challenge with the U.S. Supreme Court

Reported by Sebastian Moss on DataCenterDynamics.com

In an article on DataCenterDynamics.com, Sebastian Moss discusses how Oracle filed a new brief with the United States Supreme Court challenging the Joint Enterprise Defense infrastructure (JEDI) cloud contract. In its new filing, he reports, “Oracle claims that in evaluating its conflict of interest challenge, ‘the Federal Circuit made two serious legal errors.'” Moss comments that, in May, the “acting Solicitor General of the United States recommended that the Supreme Court reject Oracle’s earlier petition.” For more information, see our coverage of the case.

Performance-Based Actions: How Much Is Too Much?

Reported by Robbie Kunreuther on FedSmith.com

On FedSmith.com, Robbie Kunreuther asks in “what situations is the disciplinary process the best route to take for employees who aren’t performing?” Kunreuther looks through Federal Circuit decisions and MSPB reports and notes that, in Santos v. NASA, the Federal Circuit “issued an opinion concerning a performance case that stunned those who work in labor/employee relations.” Kunreuther indicates this case is significant because, “[w]ith this ruling, . . . administrative disincentives have achieved Godzilla proportions.”