Joshua R Slavitt's Answers

Can I settle a patent false marking issue without a litigation?

Apart from the merits of your claim (and the obvious cant of other responders), a company accused of falsely marking their products is unlikely to settle a claim unless that settlement will buy peace, that is, act as a complete defense to a subsequent false marking claim asserted against the same goods. And to accomplish that, a false marking action would need to be filed and then dismissed with prejudice.

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Copyright infringement and attorney fees

Attorney's fees and costs are different things. Attorney's fees are charges for the professional services of your lawyer, and costs are everything else (experts, transcripts, copies, exhibits, etc.). Under the Copyright Act, the court may award reasonable attorney's fees to the prevailing party and it is up to the court to decide the reasonableness of the fee award, but the court doesn't decide this in a vaccum. This usually works by the prevailing party's counsel making a specific fee...

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