· 3/8/2004
Q-Pharma, Inc. v. The Andrew Jergens Company
Citations
- 360 F.3d 1295
- 58 Fed. R. Serv. 3d 206
- 70 U.S.P.Q. 2d (BNA) 1001
- 2004 U.S. App. LEXIS 4380
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the statement that “further pursuit of the lawsuit would not have been worth the investment” was not evidence of bad faith
- noting that Rule 11 “requires an attorney to conduct a reasonable inquiry into the law and facts before filing a pleading”
- concluding, in an appeal from a denial of a fee award, that a party's decision to proceed with a lawsuit was not frivolous \in light of the statutory presumption of validity\
- testing unnecessary for purposes of Rule 11 and § 285 where the product labels, among other things, supported infringement
- Tenth Circuit precedent governs the imposition of Rule 11 violations
- “exceptional eases” include those involving “willful infringement”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Archer, Clevenger
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.