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ARTICLE · 14 JULY 2017

Federal Circuit Patent Updates - July 2017

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Reyna, J. Reversing district court's refusal to award attorneys fees to defendant. The district court abused its discretion by failing to follow Court's mandate from prior appeal to evaluate the totality...

United StatesIntellectual Property
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Adjustacam, LLC v. Newegg, Inc. (No. 2016-1524, 7/5/17) (Reyna, Mayer, Hughes)

July 5, 2017 2:36 PM

Reyna, J. Reversing district court's refusal to award attorneys fees to defendant. The district court abused its discretion by failing to follow Court's mandate from prior appeal to evaluate the totality of the circumstances under Octane. Factors requiring award of attorneys fees included filing a weak infringement case that became objectively baseless after the district court's Markman order, unreasonably litigating case by repeatedly serving expert reports and declarations, and a pattern of low and erratic settlements.

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