#octane tag pending
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If I had nickel for every time I had an extreme stunt performer f/o I had THREE nickels
Which,is not much, but its fucking weird it happened THRICE
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An Exceptional Example Of How NOT To Run A Patent Defense
Ever since the Supreme Court’s 2014 decisions in Octane Fitness and Highmark, the landscape for attorneys’ fees motions in patent cases has changed dramatically. No longer a rare occurrence, fees motions are more frequent and granted more often. In fact, the number of fees motions filed since the Supreme Court loosened the standards for recovering fees from losing parties reportedly doubled in just two years post-Octane — and has showed no signs of slowing more recently. That is not surprising, considering the increased willingness of District Court judges to award fees in amounts that can reach into the millions of dollars. Put another way, more patent cases apparently present exceptional circumstances, justifying fee awards by the courts. While depending on your perspective you may hail or bemoan the “weaponization” of attorneys’ fees motions in patent litigation, there is no doubt that they have become a more important consideration for litigators and their clients. In such an environment, monitoring issued decisions on the topic is a necessity.
Most IP lawyers, if asked about a fees motion in a patent case, would likely first think about the typical scenario under which these types of motions arise: a hapless plaintiff asserting a weak patent that is bounced in early motion practice. Or a serial plaintiff, also asserting a dubious patent, who finally runs up against a defendant determined to fight rather than settle. While those kinds of situations may represent the bulk of fee requests in patent cases, to a certain extent there is not much new ground being plowed in decisions involving these typical scenarios. By now, experienced patent litigators are familiar with the types of behaviors and positions that can impact on an attorneys’ fee decision, while hopefully avoiding doing anything to create problems for themselves and their clients.
While continued monitoring of attorneys’ fees decisions where fees are or are not awarded against a losing plaintiff is important for patent litigators at all levels, it can be just as important to consider what can lead to a grant of attorneys’ fees for a losing patent defendant. Considering the pro-defendant climate that has prevailed in the patent space over the last half-decade (at least), these types of decisions have understandably felt rarer than those decisions where the losing plaintiff is the party tagged with paying fees. At minimum, studying cases where losing defendants have to pay fee awards is a good reminder that litigation misconduct can occur on both sides of a case. And that advancing frivolous positions is not the exclusive domain of patentees, but rather can originate just as easily from the alleged infringer’s side of the case as well. In short, we can learn from demonstrations of bad behavior — regardless of which party (or when both parties) engage in it.
A recently unsealed fees decision out of New Jersey is illustrative of the consequences a games-playing defendant can face as the loser of a patent case. The March 28, 2017, decision by Judge Jerome B. Simandle in Sabinsa Corporation v. Olive Lifesciences Pvt. Ltd., Civ. Act. No. 14-4739 (D.N.J.) awarded nearly a million dollars in attorneys’ fees in a competitor patent case with an interesting fact pattern. The lawsuit was filed in 2014, with Sabinsa claiming that Olive infringed on a patent related to a turmeric-based composition sold by Sabinsa as its Curcumin C3 Complex®. Less than a month after being sued, Olive retained a major law firm, Fox Rothschild, to defend it. (Opinion at 2). The following July, Olive moved for summary judgment on numerous grounds. While the motion was pending, however, Fox Rothschild filed a motion to withdraw, on the grounds that Olive had instructed it to cease all work on the case a few weeks earlier. At a hearing on the motion to withdraw before a magistrate judge, Olive’s representative told the court that the parties were settling the case, and even though Olive was a corporation, it no longer needed counsel. Despite the magistrate judge’s admonitions to the contrary at the hearing, substitute counsel was never hired by Olive — even after the magistrate judge issued a further order directing Olive to hire new counsel by February 2016 or face entry of default judgment. (Opinion at 3). Eventually, Fox Rothschild was let out of the case, with Olive’s motion for summary judgment denied as premature pending a claim construction determination. At that point, Olive asked for more time due to an alleged fire at its factory in India. Despite securing that additional delay, Olive continued to refrain from hiring new counsel. Eventually Sabinsa’s motion for default was granted, including the award of attorneys’ fees.
In awarding fees, Judge Simandle noted that Olive had unilaterally chosen to abandon the litigation by refusing to hire substitute counsel — despite being given numerous opportunities to do so over the course of a year. By ignoring court directives that substitute counsel was needed, Olive committed litigation misconduct, especially since the court also found that Olive was a sophisticated company with worldwide sales reach across “a wide range of products.” (Opinion at 23). At the same time, Olive had tried to get an early win in the case with its summary judgment motion, making its later abandonment of its defense even more troubling for the court. In sum, Olive had tried to play the patent defense game on its own terms and was found wanting. Accordingly, an award of fees to the patentee was warranted.
Ultimately, a decision like the one in Sabinsa should serve as a cautionary tale for patent litigation defendants who are clearly unprepared to mount a full defense of the case brought against them. Hoping for an easy, early win, while cutting bait after it becomes clear that such a win is not forthcoming, is a recipe for having to pay your opponent’s fees according to the court in Sabinsa. For patent litigators looking to secure defense work, this decision should serve as a reminder of the critical importance of gauging the prospective client’s stomach for the fight — and willingness to see things through to their conclusion. Even on the defense side, the litigation process must be respected, or else.
Please feel free to send comments or questions to me at [email protected] or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.
Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at [email protected] or follow him on Twitter: @gkroub.
An Exceptional Example Of How NOT To Run A Patent Defense republished via Above the Law
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OKAY Y'ALL IM OFFICALLY MARRIED TO HIM
IM MARRIED TO OCTAVIO "OCTANE' SILVA.
IM MS.SILVA Y'ALL!!!!!!!!
(Ok to rb)
#tw//flashing lights#tw flashing lights#epilepsy tw#self insert#self ship#my f/os#self shipping#f/o x s/i#romantic f/o#f/o#f/o community#octane tag pending
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Apex legends is such a good game but its also very complicated to Keep track of lore wise.
But anyway....these three are back on my mind.
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The proposal
Ok to rb
Jerico pased around in her room with a ringbox in her hand.
She then sighed and hid it in her hoodie, and went to the kitchen.
Octane had won the last apex games match, he was extatisct to go back home and celebrate with his beloved,who was preparing a nice dinner and what could be considered as a huge step in their relationshipp.
Jeri put a red table cloth on the coffee table with the food she spent all afternoon cooking.
--amor! Im home!-Jer ran at octane as soon as he locked the door,she jumped and he catched her lifting her up by her legs.
--Congrats on winning baby
Octavio smiled and pressed a kiss against her lips,barely being able to pull down his mask.
--Ohhh and whats all of this huh?--he said looking at the table.
--A little something for my apex champion, you deserve something nice after that victory
He took off his mask and goggles and sat with her to eat, both watched octanes favourite movie.
--And another thing! Look what I got you!-jeri pulled up a couple of roses for him,and handed them to him
--woah! Thank you amor!-he kissed her cupping her cheeks.
Jeri would lie if she said she wasnt scared shitless, she bounced her leg as she grabbed the ringbox licking her lips.
--babe?whats up? You look like youre about to propose!-he said it as a joke of course.
But he wasnt prepared to see her kneel and Open up the box.
The ring wasnt high luxury,but it was Simple and he loved it--tav.. all these years we've been togheter youve made me very happy,you are so funny, so adorable And fun to be around,youre handsome and charismatic, I love you and Id love to spend the rest of my life with you, so, Octavio Silva...would you Marry me?
Octane is in awe and quickly pulls out a small box of his own--Of course id marry you, I was going to propose but it seems like you beated me to it
She puts the ring on his finger kissing his knuckles and hugs him tightly.
--Are you still going to let me propose though?--tavi asked-- I had a whole speech planned
Jeri laughed and nodded sitting on the couch,he kneeled as he opened the box--Jeri you make me the happiest Man alive, your smile and laugh are one of my favourite things about you,though everything about you is my favourite.
Youre gorgeous and Smart,kind and loyal, you make me feel relaxed around you, I feel safe and loved, you see me for who I am and I honestly couldnt ask for more,im the luckiest and happiest Man alive just because I have you, so, jerico would you make me the honor of being my wife?
Jers eyes water and nodded as he slipped the ring on her finger, he kissed her hand and hugged her tightly.
--Te amo, mi vida--(I love you, my life) he said kissing her with as much force as he could.
He carried her to their shared room where they cuddled,excited to plan their wedding and spend their lives togheter.
#self insert#self ship#my f/os#self shipping#f/o x s/i#romantic f/o#f/o#f/o community#f/o fic#octane tag pending
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Stay.
(Ok to rb)
Octane tapped his foot on the carpet waiting for his taxi to arrive.
The rest legends left half an hour ago and he was stuck in his dads party.
This was defenetly not his style, sure he was all about getting recognized and have fans around him, but not this kind,
He hunched and crossed his arms when finally his taxi arrived,he hopped in almost immediatly and grabbed his phone.
Jerico got a text suddenly as she layed in bed,the LED lights bounced off her skin as she saw a movie, she was laughing when she saw the Text.
Her smile turned into frown.
"Can I crash at your place?"
"Yeah...what happened?"
Octane types out the answer but deletes it "ill tell you when I get there,be there in 10"
He first went to pick up some food,almost getting stopped by a fan but avoiding them by a split second.
He then went to jericos home.
A knock interrupted the tombstone silence in jeris house,jer opened the door,and there he was.
The taxi left behind them as tav only sighed--Hey...--he said.
Octavio hugged her tightly and jerico hugged back.
He enters the house closing the door behind him and locking it.
Both sit on the couch and take out the food from the bags.
Octane took his mask and Goggles off, and sighed-- I was at my dads party--he said, and proceeded to tell her everything that went down.
Jeri listened with a heavy heart, and hugged him tightly when he finished--i I hate being near my parents, I hate going to their parties..
--Youre always welcomed to stay--jer added caressing his cheek.
Tav leans into her hand and nodds kissing the palm of it as his own hand pressed against jericos.
--Can I stay a couple of days?...I just want to be away from the limelight...and live...calmly here
--yeah, its going to be fun having you around,this house May not be as big ad your mansion but--
He stopped her midsentence cupping her cheeks--its perfect...just like you...
Jer chuckles and kisses him, he kisses back resting his back on the couch.
Her arms go around his waist and he melts in her embrace resting his head on her shoulder.
And slowly they doze off.
--buen día amor.
The smell of food invaded the livingroom,jeri slowly sits on the couch with octane, who hands her a Plate of food and freshly brewed tea.
--Thought youd be drinking coffee
He shrugged and Turned on the TV--i want to calm down so coffee is off the list--he winked at her and she giggled putting her head on his shoulder.
As he flipped through the Channels a news Channel popped up talking about the party octanes dad threw,and an interview with his father came shortly after.
Jeris hand is on the remote and she switches to cartoons.
A smile instantly appears on octavios face and he eats his breakfast.
--Thanks for letting me stay--he said with his mout stuffed with food.
She laughed and kissed his cheek--of course id let you stay,you deserve some peace too you know?
He smiled softly--im so glad to have you in my life...I love you
Jer smiled--me too...
The rest of the day sure was something, filled with music and laughter.
Jeri was cleaning the house as tavi cooked lunch.
She wiped the sweat off her forehead as she finished cleaning and went to the kitchen.
Her arms go around tavs waist, he instantly melts and presses his back against her chest.
She presses soft kisses against his neck--amor im making lunch...
--you love em though
He snorts and nodds--Yeah...anyway its ready lets eat!
Both take the food to the bedroom and watch a movie.
Hearing octanes laughter made jerico happy,he had gone through some stuff and he really did deserve this.
Jeri also fought for the peace she has now, and being able to share it with him, the love of her life was everything shed hoped for.
The movie ended and so after Washing the dishes they went to sleep.
Octane moved his legs and kicked off the blankets,jeri wakes up when she feels him moving around the bed.
--Cant sleep?--She asks.
--si,i cant get my body to stay still!
Jeri chuckled at the irony and so did he--Alright lemme try something--She cleared her throat and caressed his hair--Wanna hear a story?--He nodded like a little kid and she giggled-- a long time ago, in a kingdom long forgotten was a prince, charming and fast, he was very nice and everyone loved him.
One day he scaped to see the market and be amongst commoners in disguise, his eyes fell on a young woman buying food,she was beautiful and had a voice soft as any other.
He approached her, and suddenly someone recognized him as the prince.
The prince freaked out thinking that the woman would be extra nice to him to get something from him as everyone had done in the past.
The woman however kept her tone as it was before and invited the prince to drink tea with her.
And so for the following month hed sneak out to be with his one true love.
One day while holding his hand he asked her, deep un thought"Why didnt you treat me like loyalty when we met?" He said"why do you treat me so well knowing who I am"
The woman laughed softly " i Fell in love with the Man here" she said pressing a hand to his chest"and not by what he had"
The prince then understood and she saw him beyond his status as heir to the throne,she saw him by who he was truly, and loved him for it-- octane smiled kissing her.
--something tells me its you reminding me that you love me for who I am and not a bedtime story
--Mayyyybe...
Octavio snuggled closer to her and fell asleep in her arms.
The weeks went on and on, he had been missing from his social media for months.
One morning jerico was watching the news.
"The famous apex legend Octane has been found missing in his social media for months and his fans are panicked" the reporter said.
--hey amor?--jeri asked as Octavio sat besides her--i think you should tell your fans you okay
Stuffing his face with food he looked at her--Why?
She then signaled at the TV,he read the headline and nodded--oh shit,I should tell em, you want to appear with me?pleease?
She nodded kissing his cheek.
After eating breakfast they went to change and get into semi respectable clothes,just so they wouldnt appear on their cheesy pjs with cute animals and food stamped all over it.
--Hey guys Wassup!--octane said at his phones camera--just popped Back in for a bit to tell y'all ive been alright, just went off the radar for a bit!, but oh oh you wouldnt guess where im staying at!--The camera was at a slight angle so jerico couldnt be seen.
He them moved his phone to show jerico against his chest with a smiles--thats right ive been at my partners house!, isnt she the cutest?--jer hid her face on his chest with baby Pink cheeks muttering a soft "hiii!"--anyway Guys dont worry, as soon as I feel better ill be back!, for now peace!--his hand covered the camera and he stopped recording,uploading it to all his social media and then leaving his phone on the nightstand.
They changed back into their pjs and sat on the bed ready to watch more movies and spend Time togheter
She always made him feel loved and special,and life with her was easier.
When their eyes meet the world seems softer,and now they were in their own world of comfort.
Eventually hed had to return to his life as octane, but right now he was Octavio Silva,a Man who loved being with his partner, and was happy with them.
For once he could be himself,and have someone who loved him for it
#self insert#self ship#my f/os#self shipping#f/o x s/i#romantic f/o#f/o#f/o community#f/o fic#octane tag pending
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Relax
Ok to rb
Too Lazy to put the translations but its just petnames and telling eachother that we love the other very much
Octane x jerico
Tw:anx*ety mention
--Octavio!!--jerico ran to her boyfriend and hugged him tightly by the waist, the Man hugged her too,until he realized where her arms were.
He blushes,putting his head on the crook of her neck, melting as his hands grip her shirt--cariño you know how I get when you hug me by the waist
Jer smiles finally noticing the bunny costume--you look adorable! I just want to eat you up with kisses!--She cups his cheeks and kisses his face,octanes hands grip her shirt tighter as his face turns red.
He hides his face on her chest and hugs her tightly.
Both walk up to the couch where octane lays ontop of jerico.
--god you get so cute when you blush like that
--Mmhmm-- he mutters embarassed.
Octavio slowly calms down and melts in her embrace nuzzling closer.
--you make me feel so calm amor-- he says against her neck-- its nice to relax every once in a while
--im glad you get to relax with me baby, but we need to cut down those energy drinks, they stopped helping you stay awake,maybe limit them?
--But amor!
--bebe, I dont like telling you what and what not to drink, but I think ten energy drinks per day is not healthy, its been two times that youve been on the edge of an anxiety attack...tav please..
Octane sighs and nodds feeling her hands run through his hair--I know you're trying to take care of me, and I appreciate that, okay...lets try four?
--alright...we can start from there
Octavio smiles kissing her--Te amo
--yo tambien
#self insert#self ship#my f/os#self shipping#f/o x s/i#romantic f/o#f/o#f/o community#tw//anxiety mention#tw:anxiety mention#tw//anxiety#tw:anxiety#octane tag pending
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Silly accidents
Ok to rb
Cw:mentions of bl0od
A/n:had to cut a huge portion of the end because I went full on vent but enjoy this based off an irl accident of me sneezing too hard and hurting myself in the process
Taglist: @mycinnamonapples @rosyselfships
Octavio carefully put the small piece of tissue in jericos nostrill as he held her chin up.
--And how did this happend again?
Jer sighed as tavi let go of her chin--i sneezed too hard and nose said fuck it, and started bleeding--The Man pressed a kiss to the bridge of her nose, and hugged her--im so fucking tired right now
He caressed her back as her arms fell to his waist pressing him closer.
--Its alright amor--he said-- ill be here to cuddle you --He picked her up and carried her to bed, laying under her.
Jer sighed and kissed him--Thank you oki..
#self insert#self ship#my f/os#self shipping#f/o x s/i#romantic f/o#f/o#f/o community#octane tag pending
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🖋 and 💗 for any F/O you currently have feels for, hope your day is going great. :D
Mine just started but so far kinda good tu! And I hope ur day is fine as well
🖋: Who writes the other sappy poetry/cheesy love songs?
Well both, he writes them so I laugh while I read them, but octane is also very romantic.
💗: How do you two like to cuddle?
He likes to plop ontop of me, he buries his head on my chest and y caress his hair, his hands rests on my waist
Sometimes ill rest ontop of him,and he'll hug my waist.
Ty for the ask!
#self insert#self ship#my f/os#self shipping#f/o x s/i#romantic f/o#f/o#f/o community#f/o ask#ask#octane tag pending
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Soulmate Alphabet Ask Game: p, r, s and q with Octane? :3
I skipped P bcs it sort of irked me/ made me feel uncomfy.
Ok to rb
r...ed string bonds two soulmates together for a lifetime and all come in varying lengths—imagine the trouble of only being able to walk certain distances or having to sleep on the edge of your bed.
Jerico held the red string tightly,octane tried to pull with all his strenght so jerico would let go.
Their red string was somewhat long, but somehow octane was not capable of scaping his wife.
--Come on!--Octavio said-- let go jerico!
--No!youll hurt yourself you dummy
Tavi huffs and stops pulling crossing his arms-- fffiiine! Youre no fun!
s...ongbird (any songs a person sings will get stuck in their soulmate’s head for the duration they decide to sing it).
--amor,I love you, but if you could stop singing thatd be just nice-- octane said trying to repair his motorcycle-- I cant concentrate
--ow,I thought you liked "put your head on my shoulder"--jer added sitting with him.
--And I do, you know its our song and all, but its too distracting! I Keep remembering our honey moon
Jer chuckles kissing him,he kisses back-- its not my fault --She said.
Octane rolls his eyes and keeps working while in his mind he keeps hearing that song over and over again.
q...uizzes revolving around one’s personal aspects, skills and ambitions are given to every person once they turn 18, and the results read who your soulmate is based off of your collective answers.
( in my version me and octane meet when hes already in the apex games)
Jerico had recieved her soulmate quizz answer that day, and still in shocked she Walked towards the place shed meet her soulmate.
Her soulmate was octane, THE octane from apex games, the famous Daredevil.
She was starstruck,anxiously bouncing her leg as she sat on the Grass.
--Hey Bonita!-- Octavio said, sitting besides her-- you dont happend to be my soulmate.
Jer stutters for a moment, deciding to take a deep breath-- it looks like it
Octane Snickers-- hey dont be ashamed,im pretty nervous myself, how about I treat you to some food huh? We gotta get to know eachother more than what these quizzes told us!
Jeri nodds smiling,being helped up by tavi-- id love that
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I wanna sing and play my guitar with fuse and octane :3
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In the New solo voicelines octane says
"Mamacita" and when I tell you I am gay as fuck for that Man
Im on the floor dude
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Fuse and octane are Daredevil BFFS and mirage helps them with marketing/ grabbing the attention of their fans
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Parrot for the ask game?
parrot: can your f/o speak any other languages? have they taught you any words in those languages? do they have petnames for you?
We both speak spanish as our main language,we have all sorts of petnames we only understand.
Petnames range from normal ones from calling the other my dear/my love and I call him conejito (little rabit) as a reference from his cannon where he had a pet rabbit.
He calls me bebita ( baby girl).
Ty for the ask
Ok to rb
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fun fact: octane loves u a lot, more than anything in the whole world 👀
🥺🥺🥺🥺🥺🥺🥺🥺🥺♥️ IM GONNA CRY TYSMMMM
I WASNT EXPECTING THIS BUT THIS ASK MADE MY MORNING TYSM
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