Bloomberg BNA Publishes Kahn and Rosbrook Article on Enhanced Damages and Fee Shifting

Bloomberg BNA’s Patent, Trademark & Copyright Journal has published the article “Early Risk Assessment in the Halo of Octane Fitness: Protecting Against Enhanced Damages and Fee Shifting,” written by Michael Kahn and Andy Rosbrook, partner and counsel, respectively, in the intellectual property practice at Akin Gump.

The article examines the implications for both plaintiffs and defendants of the Supreme Court’s decisions in Halo and Octane Fitness/Highmark. Kahn and Rosbrook discuss the risks associated with willful infringement and exceptional case allegations in the context of pre-suit and/or pre-launch conduct. They also address the changes in the law and how courts have applied the new precedent.

To read the complete article, please click here.