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ARTICLE · 16 JANUARY 2026

Google's Attorneys' Fees Affirmed Against EscapeX IP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In EscapeX IP, LLC v. Google LLC, No. 24-1201 (Fed. Cir. Nov. 25, 2025), the Federal Circuit upheld the district court's award of attorneys' fees against EscapeX IP...

United StatesIntellectual Property
Virginia E. Lefever
Virginia E. Lefever
Christopher Anderson
Christopher Anderson
Erik Puknys
Erik Puknys
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In EscapeX IP, LLC v. Google LLC, No. 24-1201 (Fed. Cir. Nov. 25, 2025), the Federal Circuit upheld the district court's award of attorneys' fees against EscapeX IP, LLC, after finding its patent infringement claims against Google's were frivolous.

EscapeX sued Google, asserting that Google's YouTube products infringed EscapeX's '113 patent relating to dynamic album generation. Google responded through various letters asserting that EscapeX could not have conducted a meaningful pre-suit investigation and highlighting that the accused product existed before the patent's priority date. EscapeX continued the litigation despite the '113 patent being invalidated in a separate case. Eventually, EscapeX filed a "joint stipulation of dismissal," but without obtaining Google's consent. The district court found EscapeX's conduct—which included filing baseless claims, failing to respond to court deadlines, and submitting a frivolous motion to amend the

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