Posts Tagged: exceptional case


Continuing to Pursue Claim Construction Arguments Does Not Make Case Exceptional

The Federal Circuit recently affirmed the decision of the Federal District Court for the District of Minnesota denying attorney fees to Wright Medical Technology, Inc. Spineology, Inc. …

CAFC vacates $51 million fee award, exceptional case requires ‘causal connection’ to award fees

The Federal Circuit recently affirmed a district court’s “exceptional” case finding under 35 U.S.C. § 285, which resulted in Appellant Rembrandt Technologies paying attorney’s fees to …

Working Out with Octane Fitness: Four Years Later

On February 2, 2018, in Sophos Inc. v. RPost Holding, Inc., Judge Denise Casper became the latest judge to declare a case “exceptional” under 35 U.S.C. § 285 and award …

Federal Circuit Refuses to Overturn District Court’s Award of Attorney Fees to Dow

The Court disagreed that the district court’s sole basis for finding exceptional circumstances was that NOVA filed an action in equity. The Court noted that the …

CAFC vacates attorneys’ fees awarded to Justin Timberlake, Britney Spears in patent infringement case

The Federal Circuit recently issued a non-precedential decision in a patent infringement action involving American pop music stars Justin Timberlake and Britney Spears and their production companies. …
By Gene Quinn & Steve Brachmann
3 years ago 1

A District Court May Enhance Lodestar Attorneys Fee Award Only For Relevant Reasons

The Federal Circuit held that the district court failed to provide a proper justification for enhancing the amount by a multiplier of two. The basis for this …

Supremes Say Broad Discretion to District Courts to Award Attorneys Fees

35 U.S.C. § 285, which is an extremely short statute, authorizes a district court to award attorney’s fees in patent litigation to the prevailing party. In its …
By Gene Quinn
6 years ago 2

CAFC Encourages Awards of Fee Shifting in Kilopass v. Sidense

In Kilopass Tech., Inc. v. Sidense Corp. (Fed. Cir. December 26, 2013), in a 2-1 decision, the majority suggested that the fee shifting provisions of 35 U.S.C. §285 have …
By James Yang
6 years ago 0

Nintendo Wins Attorneys’ Fees Fighting Baseless Patent Lawsuit

This is an exceptional case; IA Labs brought an objectively baseless claim, which the Court finds was brought in bad faith. Interaction Laboratories, Inc. — the original '226 …
By Gene Quinn
6 years ago 4

Defending Chief Judge Rader: Judges Can Make Patent Trolls Pay

Last Tuesday evening Chief Judge Rader was on a panel with U.S. District Court Judge Lucy Koh of the United States Federal District Court for the …
By Gene Quinn
6 years ago 4

Troll Turning Point? Federal Circuit Breathes Life into Rule 11

This is very good news for defendants and for the patent system. If Rule 11 is actually enforced against those who sue without a reasonable basis the bad …
By Gene Quinn
7 years ago 6

New Patent Reform Takes Swing at Patent Trolls

Yesterday Congressman Peter DeFazio (D-OR) and Congressman Jason Chaffetz (R-UT) introduced the Saving High-tech Innovators from Egregious Legal Disputes Act, or SHIELD Act for short. If ever …
By Gene Quinn
7 years ago 10

Court Slams Frivolous & Vexatious Litigation with $4.7 MM in Fees

In what seems to be a continuing trend, the United Stats Court of Appeals for the Federal Circuit is continuing to show increasingly little tolerance for abusive …
By Gene Quinn
8 years ago 6

Rule 11 Sanctions + Exceptional Case = Bad Day for Patent Troll

In a 52 page opinion Judge Means found the case an exceptional case for purposes of awarding attorneys fees under 35 USC 285, found that Rule 11 sanctions were appropriate and …
By Gene Quinn
10 years ago 0