Attorneys’ Fees Awarded in Patent Case Under Octane Fitness Standard

Discovery abuse and a reversal in an inventor’s trial testimony made for an exceptional case under 35 U.S.C. § 285, and therefore warranted an award of attorneys’ fees against a losing plaintiff in Digital Reg of Texas, L… Read More

Attorneys' Fees Awarded in Light of Octane Fitness

A plaintiff had licensed a patent to defendants, including a right to sub-license, but excluded certain uses of the claimed method.  The plaintiff then sued the defendants based on those excluded uses.  The defendants were award… Read More

Fee Award Under 35 U.S.C. § 285 Supported by Evidence of Subjective Bad Faith and Objective Baselessness

Awards of attorneys fees under 35 U.S.C § 285 may seem difficult to obtain, given the dual requirement of proving a party’s subjective bad faith, as well as the objective baselessness of its position.  However, as demonstr… Read More

Litigation Misconduct Gives Rise to Exceptional Patent Case

Litigation misconduct, even without a showing of objective baselessness or bad faith, was enough to justify a finding of an exceptional case, and an award of attorneys’ fees under 35 U.S.C. § 285. Monolithic Power Systems,… Read More