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The Federal Circuit May Not Award Attorney Fees for Work Performed During an IPR

AMNEAL PHARMACEUTICALS LLC v. ALMIRALL, LLC - Before Dyk, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: While the Federal Circuit may be able to award fees under Section 285 for work...more

A Litigation Position May Be Objectively Unreasonable Even If the Court Denies Summary Judgment

EKO BRANDS, LLC V. ADRIAN RIVERA MAYNEZ ENTERPRISES, INC. ET. AL.  Before Dyk, Reyna, and Hughes. Reyna dissenting in part.  Appeal from the Western District of Washington...more

“Exceptional Case” Findings Must Consider The Full Case

INTELLECTUAL VENTURES I LLC v. TREND MICRO INCORPORATED - Before Dyk, Taranto, and Stoll. Appeal from the Delaware District Court Summary: An exceptional case finding may be based on a single isolated act, but the court...more

Omega Patents, LLC v. Calamp Corp.

Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Middle District of Florida. Summary: Asserting the district court’s claim construction prevented consideration of additional prior art,...more

Energy Heating, LLC. v. Heat On-The-Fly, LLC

Federal Circuit Summaries - Before Moore, Hughes, and Stoll. Appeal from the United States District Court for the District of North Dakota. Summary: A district court must articulate a reasonable basis for denying...more

Inventor Holdings, Llc V. Bed Bath & Beyond, Inc.

Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Even if a patentee’s initial complaint was reasonable, the patentee can...more

Google Gets Their Attorneys’ Fees Back for Having to Fight Off a Weak Patent Infringement Suit

Judgments and Awards - On September 25, 2017, a federal court in San Jose, CA awarded the Defendants Google, YouTube, and On2 Technologies $820,321.41 in attorney’s fees. The Court previously held the Plaintiff Max Sound...more

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