Anthony Fuga is a Partner in Holland &
Knight's
Chicago office
The Central District of California awarded Kindred Studio
Illustration and Design LLC (aka True Grit) $72,400 in
attorneys' fees after the court found that Electronic
Communication Technology's (ECT) legal positions and litigation
tactics were objectively unreasonable.
The case began ordinarily as any other patent litigation. ECT
sent True Grit a letter alleging infringement of its patent and
offered an early settlement for $12,000. True Grit, instead of
countering, responded by filing its declaratory judgment complaint
and sought declarations that the patent was invalid, not infringed,
and unenforceable. On top of that, True Grit included state law
claims for unlawful competition.