Oral Argument of the Day: Golden Bridge Technology, Inc. v. APPLE INC.

The oral argument of the day is Golden Bridge Technology, Inc. v. APPLE INC., No. 2016-1537 (Fed. Cir. Jan. 27, 2017).

The oral argument in this case raises the issue of whether the Federal Circuit’s decision in Shum v. Intel should be overruled in view of recent Supreme Court decisions.  Recent Supreme Court decisions emphasize the discretion of a district court to award attorney’s fees in patent and copyright cases  (Octane Fitness and Kirtsaeng II) as well as enhanced damages in patent cases (Halo) — as opposed to more rigid and rules-based approaches.

The recording of the oral argument is available [here].

The CAFC’s Rule 36 Judgment is available [here].

The Shum v. Intel decision is available [here].

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