Category Archives: Attorney’s Fees

Omega Patents, LLC v. CalAmp Corp.

Docket No. 2018-1309 PROST, DYK, WALLACH April 8, 2019 Brief summary: DC decision finding infringement of ‘727 claim 1 affirmed; others reversed and remanded for state of mind analysis and to determine whether there were predicate acts of infringement; willfulness … Continue reading

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Princeton Digital Image Corp. v. Office Depot Inc. et al.

Docket No. 2017-2597 (many others) DYK, TARANTO, STOLL January 22, 2019 Brief summary: FC panel concluded the DC’s judgment was not final and that it therefore lacked jurisdiction. Summary: Princeton (PDIC) licensed US 4,813,056 to Adobe with the promise “not … Continue reading

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Spineology, Inc. v. Wright Medical Technology, Inc.

Docket No. 2018-1276 PROST, DYK, MOORE December 14, 2018 Brief summary: DC denial of Wright’s motion for attorney’s fees under § 285 affirmed (e.g., “fee awards are not to be used ‘as a penalty for failure to win a patent … Continue reading

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Gust, Inc. v. AlphaCap Ventures, LLC et al. (Gutride Safier LLP)

Docket No. 2017-2414 WALLACH, LINN, HUGHES September 28, 2018 Brief summary: DC award of fees under § 1927 (“baseless complaint”) against Gutride reversed. Summary: Gutride (a law firm representing AlphaCap) appealed the DC’s “award of fees under 28 USC § … Continue reading

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In re: Rembrandt Technologies LP et al. v. Comcast et al.

Docket No. 2017-1784 O’MALLEY, MAYER, REYNA August 15, 2018 Brief summary: DC finding this litigation exceptional under § 285 affirmed; $51 million fee award vacated and remanded as the DC “awarded all fee fees with no explanation whatsoever of a..causal … Continue reading

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Stone Basket Innovations, LLC v. Cook Medical LLC

Docket No. 2017-2330 PROST, WALLACH, TARANTO June 11, 2018 Brief summary: DC finding of no exceptionality and denial of attorney’s fees under § 285 affirmed since, e.g., “Stone’s litigating position did not ‘stand[] out from others.’” Summary: Cook appealed DC … Continue reading

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Gilead Sciences, Inc. v. Merck & Co., et al.

Docket No. 2016-2302, -2615 TARANTO, CLEVENGER, CHEN April 25, 2018 Brief summary: DC’s “unenforceability judgment based on unclean hands” with respect to Merck’s patents relating to Gilead’s Sovaldi® and Harvoni® Hepatitis C treatements affirmed. Summary: Merck appealed the DC’s “unenforceability … Continue reading

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Keith Raniere v. Microsoft Corp., AT&T Corp. (“Appellees”)

Docket No. 2017-1400, -1401 LOURIE, O’MALLEY, WALLACH April 18, 2018 Brief summary: DC’s award under § 285 affirmed since “dismissal with prejudice…is tantamount to a judgment on the merits”. Summary: Raniere appealed DC award of attorney’s fees and costs under … Continue reading

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Sarif Biomedical LLC v. Brainlab, Inc.

Docket No. 2017-1103 REYNA, WALLACH, HUGHES March 21, 2018 Non-precedential Brief summary: DC denial of attorney’s fees under § 285 was affirmed since, e.g., Sarif acted in “good faith”. Summary: Sarif sued Brainlab for infringement of claims 1-9 of US … Continue reading

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Honeywell International Inc. et al. v. Fujifilm Corp. et al.

Docket Nos. 2017-1070, -1073 PROST, NEWMAN, STOLL January 11, 2018 Non-precedential Brief summary: DC decision denying attorneys’ fees affirmed since its “analysis demonstrated the totality-of-the-circumstances approach” and “losing a summary judgment motion should not automatically result in a finding of … Continue reading

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