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Attorney's Fees Patent Litigation

Patterson Belknap Webb & Tyler LLP

Once Bitten, Twice Sanctioned: Judge Figueredo Awards Attorney’s Fees to Google for Being Forced to File a Motion to Dismiss

On March 24, 2025, United States Magistrate Judge Valerie Figueredo granted-in-part Defendant Google LLC’s (“Google”) motion for sanctions, attorney’s fees, and costs against Plaintiff EscapeX IP, LLC (“EscapeX”) and its...more

McDermott Will & Emery

Interesting Delay: Prejudgment Interest Accrues Despite Unreasonable Delay

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The US Court of Appeals for the Federal Circuit upheld a decision on enhanced damages and prejudgment interest, concluding that the district court correctly applied the appropriate standard for enhanced damages in accordance...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 PTAB Year in Review: Analysis & Trends – 2024 PTAB Case Highlights

Abuse of Process and/or Sanctions – 37 C.F.R. § 42.12 - Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC, IPR2021-00847, IPR2021-00850, IPR2021-00854, IPR2021-00857 & IPR2021-00860 - Decision...more

Robins Kaplan LLP

Silvergate Pharms., Inc. v. Bionpharma Inc.

Robins Kaplan LLP on

Epaned® (enalapril maleate) - Case Name: Silvergate Pharms., Inc. v. Bionpharma Inc., Civ. Nos. 18-cv-1962, 19-cv-1067, 2024 WL 4417104 (D. Del. Oct. 4, 2024) (Goldberg, J.)  Drug Product and Patent(s)-in-Suit: Epaned®...more

A&O Shearman

Alleged Inappropriate Conduct In Another Litigation Does Not Support Award Of Enhanced Damages

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On May 6, 2021, plaintiffs sued defendants for patent infringement in the United States District Court for the District of Delaware. The parties are biotechnology companies and competitors that offer tools for studying...more

Knobbe Martens

Federal Circuit Review | December 2024

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Bound to Happen: Inherent Property Leaves No Question of Reasonable Expectation of Success - In Cytiva Bioprocess R&D Ab v. Jsr Corp., Appeal No. 23-2074, the Federal Circuit held that a claim limitation merely reciting an...more

DLA Piper

Feeble § 101 Litigation Position Results in Significant Award of Fees and Costs

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The District Court of Delaware recently confirmed an award of $9.15 million in attorney’s fees and costs to defendant Elysium Health, Inc. (Elysium), resulting from what it determined to be insubstantial litigation positions...more

WilmerHale

Federal Circuit Patent Watch: Deterrence Sanctions Affirmed for Bad Faith Filings of Meritless Lawsuits

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Precedential and Key Federal Circuit Opinions - 1. CYTIVA BIOPROCESS R&D AB v. JSR CORP. [OPINION] (2023-2074, 12/4/2024) (Prost, Taranto, Hughes) - Prost, J. The Court affirmed the PTAB’s IPR determination that...more

McDermott Will & Emery

For Deterrence: Inherent Power to the Rescue to Punish Meritless Lawsuit

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The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to use its inherent power to award deterrence sanctions for filing a nuisance patent infringement lawsuit. PS Products Inc. v. Panther...more

Venable LLP

Bad Faith Litigation Exposed: Federal Circuit Affirms Deterrence Sanctions in PS Products v. Panther Trading

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Wrongheaded patent litigation conduct has consequences. Following a recent decision from the Federal Circuit, PS Products Inc. (PSP) and its counsel will be paying over $50,000 in attorney fees and sanctions to Panther...more

Erise IP

Eye on IPRs: November 2024: USPTO Director to Step Down, Did Fed. Circuit DISH Asks Full Fed. Cir. Panel to Reconsider Vacating...

Erise IP on

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: USPTO Director Vidal to Step Down - On November 12, Under Secretary of...more

Sheppard Mullin Richter & Hampton LLP

Inline for a New Trial

Inline Plastics Corp. (“Inline”) filed a lawsuit against Lacerta Group, LLC (“Lacerta”), alleging infringement of several patents related to tamper-resistant containers and methods of making such containers using thermoformed...more

Hudnell Law Group

Common Patent Litigation Defenses Insufficient To Justify Award Of Attorneys’ Fees

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In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., 2024 U.S. App. LEXIS 21348 (Fed. Cir. Aug. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Albright sitting by designation, vacated and...more

Morrison & Foerster LLP - Federal Circuitry

What Makes a Case Exceptional?

What Makes a Case Exceptional? Panel: Chief Judge Moore and Judges Lourie and Albright,[1] with Judge Albright authoring the opinion. You should read this case if: you are seeking or opposing an award of attorneys’ fees under...more

McDermott Will & Emery

Lower the Red Flags: Flawed Fee Award Flops

The US Court of Appeals for the Federal Circuit vacated and remanded a district court decision awarding attorneys’ fees, finding that the district court abused its discretion by failing to properly explain its basis for the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #4

Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Appeal No. 2023-1035 (Fed. Cir. August 23, 2024) In its only precedential patent decision this week, the Federal Circuit helped clarify which facts may be...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Clarifies Requisite Analysis for Unclean Hands, Inequitable Conduct, Summary Judgement Determinations of...

Luv N’ Care, Ltd. and Nouri E. Hakim v. Lindsey Laurain and Eazy-PZ, LLC, Nos. 2022-1905, 2022-1970 (Fed. Cir. April 12, 2024) addressed several issues, including: (1) what evidence of litigation misconduct may support a...more

McDermott Will & Emery

Don’t Mess With Anna: Texas Town Schools Patent Owner on § 101

On cross-appeals from a granted Fed. R. of Civ. Pro. 12(c) motion on subject matter eligibility, the US Court of Appeals for the Federal Circuit found that a patent directed to a method for “assist[ing] an investigator in...more

WilmerHale

Federal Circuit Patent Watch: Ordering In-Person Appearance to Testify Regarding Potential Fraud on the Court is within Court's...

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) - Hughes, J. The Court affirmed the District Court’s orders (1)...more

Sheppard Mullin Richter & Hampton LLP

The Federal Circuit Interprets the Application of 35 USC § 285 and Attorney’s Fees

In Dragon Intellectual Property LLC v. Dish Network L.L.C. No. 22-1621 (Fed. Cir. May 20, 2024), the Federal Circuit clarifies the standard for “exceptional” cases under 35 U.S.C. § 285. The case concerns attorneys’ fees and...more

Morgan Lewis

Federal Circuit Confirms Boundaries of Fee Recovery Under 35 USC § 285

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In Dragon Intellectual Property LLC v. DISH Network LLC, the US Court of Appeals for the Federal Circuit addressed an “exceptional” set of circumstances concerning the recovery of attorney fees in district court litigation...more

WilmerHale

Federal Circuit Patent Watch: Section 285 Does Not Extend to Recovery of IPR Fees

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  ZIRCON CORP. v. ITC (2022-1649, 05/08/2024) (Lourie, Bryson, and Stark) - Bryson, J. The Court affirmed the Commission’s determination regarding the domestic...more

Bradley Arant Boult Cummings LLP

Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No....more

Patterson Belknap Webb & Tyler LLP

Judge Rakoff Orders Lab-Made Diamond Maker to Pay Fees for Manufacturing Fake Claims

On February 21, 2024, Judge Rakoff (S.D.N.Y) granted a defendant’s motion for attorney’s fees and costs in Carnegie Institute of Technology v. Fenix Diamonds. The Carnegie Institution for Science and its patent licensee, the...more

Jones Day

PTAB Issues Sanctions for Attempted Extortion During “Settlement Negotiations”

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Director Vidal recently issued sanctions against OpenSky Industries (“OpenSky”) for attempted extortion during settlement negotiations and abuse of the IPR process for US Patent 7,725,759 and awarded $413,264.15 to VLSI...more

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