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Attorney Fees for Claim Preparation Are Recoverable

Client Alert | less than 1 min read | 09.21.12

Obviously fighting over principle as the amounts involved were less than $10,000, in Tip Top Constr., Inc. v. Donahoe (Sept. 19, 2012) the contractor was vindicated by the Federal Circuit, which held that it could recover its claim preparation and negotiation costs, including those of its attorney, as those costs were not for claim prosecution. Perhaps the more important principle established, however, was in the reversal of the PSBCA's denial of work hours claimed when they were supported by unrebutted timesheets and declarations.


Insights

Client Alert | 5 min read | 07.01.26

What U.S. Patent Holders Need to Know About Inequitable Conduct Right Now

If a court finds that a patent applicant intentionally misrepresented or withheld material information from the USPTO with the intent to deceive, the consequences are severe, leading to unenforceability of the entire patent (and likely any later patents claiming priority to the unenforceable patent)....