District Court Grants Supplemental Motion for Award of Attorneys’ Fees after Federal Circuit Affirms Dismissal on Appeal

After the district court dismissed plaintiff’s patent infringement claims, finding the patents directed to patent-ineligible subject matter, and awarded attorneys’ fees based on the exceptional case doctrine, the Federal Circuit affirmed both determinations. The defendant filed a supplemental motion for attorneys’ fees seeking to recover attorneys’ fees for the appellate process. The plaintiff opposed the motion. In analyzing the motion, the district court explained that it had previously “determined that this case was frivolous and that plaintiff had litigated it in an unreasonable manner, rending the exceptional and entitling defendant to an award of attorneys’ fees. None of those underlying facts have changed, and plaintiff does not argue that they have.” The court then determined that there was no need to make a second finding of exceptionality. “There is no need to make a second, separate determination under § 285 as to…

Read more detail on Recent Intellectual Property Law posts –

Related news:

This entry was posted in Intellectual Property and tagged , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply