Legal Opinion
Poly-America, L.P. v. Stego Industries, L.L.C.
District Court, N.D. Texas
Decided May 18, 2011No. Civil Action 3:08-CV-2224-GPublished
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
A. JOE FISH, Senior District Judge.
Both parties submitted trial briefs regarding the proper construction of the at torney’s fees provision in 15 U.S.C. § 1117 (“section 35”) and the damages provision in 15 U.S.C. § 1120 (“section 38”). For the reasons set forth below, the court concludes that the applicability of section 35 to this case must be determined after trial on the motion of the “prevailing party,” and section 38 does not permit a party alleging fraud on the United States Patent and Trademark Office (“PTO”) to recover its attorney’s fees as damages.
I.…
2Cases cited14 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
- United Phosphorus, Ltd. v. Midland Fumigant, Inc.Court of Appeals for the Tenth Circuit · 2000
- Board of Supervisors for Louisiana State University Agricultural & Mechanical College v. Smack Apparel Co.Court of Appeals for the Fifth Circuit · 2008
- Seven-Up Co. v. Coca-Cola Co.Court of Appeals for the Fifth Circuit · 1996
9 more not listed; retrieve them via the Exa API.