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 | 8 min read | 06.30.25
AI Companies Prevail in Path-Breaking Decisions on Fair Use
Last week, artificial intelligence companies won two significant copyright infringement lawsuits brought by copyright holders, marking an important milestone in the development of the law around AI. These decisions – Bartz v. Anthropic and Kadrey v. Meta (decided on June 23 and 25, 2025, respectively), along with a February 2025 decision in Thomson Reuters v. ROSS Intelligence – suggest that AI companies have plausible defenses to the intellectual property claims that have dogged them since generative AI technologies became widely available several years ago. Whether AI companies can, in all cases, successfully assert that their use of copyrighted content is “fair” will depend on their circumstances and further development of the law by the courts and Congress.
Client Alert | 3 min read | 06.30.25
Client Alert | 3 min read | 06.26.25
FDA Targets Gene Editing Clinical Trials in China and other “Hostile Countries”
Client Alert | 3 min read | 06.26.25
