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ARTICLE · 02 MAY 2014

Exceptional Case Finding Results In $12 Million Fee Award

The U.S. Court of Appeals for the Federal Circuit affirmed a district court's award of more than $12 million in attorneys' fees.

United StatesIntellectual Property
Gabriel Techs. Corp. v. Qualcomm Inc.

In a non-precedential decision addressing a finding of exceptional case under 35 U.S.C. § 285, the U.S. Court of Appeals for the Federal Circuit affirmed a district court's award of more than $12 million in attorneys' fees , finding that the plaintiff's claims were objectively baseless and brought in subjective bad faith and that plaintiff was liable for litigation misconduct.  Gabriel Techs. Corp. v. Qualcomm Inc., Case No. 13-1205 (Fed. Cir., Mar. 18, 2014) (per curiam).

Gabriel Technologies filed a lawsuit for more than $1 billion against Qualcomm and SnapTrack alleging 11 causes of action, including claims for correction of inventorship and misappropriation of trade secrets, among other contract and unfair competition claims.  At the heart of the dispute, Gabriel alleged that Qualcomm had misappropriated and improperly patented GPS technology licensed from Gabriel.  The district court dismissed several of Gabriel's 11

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