Octane Fitness Does Not Provide a Set Formula For Determining Whether to Grant Attorney Fees.

UNIV. OF UTAH v. MAX-PLANCK-GESELLSCHAFT: March 23, 2017. Before O’Malley, Reyna, Wallach. Takeaway: Octane Fitness does not provide a precise framework for a finding that a case is exceptional and warrants an award of fees, only several suggestions that might guide a district court’s discretionary decision. In ruling on a …

Attorney’s Fees and Sanctions Awarded for Vexatious Conduct Where a Party Continued to Litigate After Reaching a Settlement Agreement with Opposing Party

WALKER v. HEALTH INT’L CORP.: Jan. 6, 2017. Before Reyna, Hughes, and Stoll. Takeaway: An appellate court can award attorney’s fees and costs as sanctions under Federal Rule of Appellate Procedure 38 which allows for single or double costs to the appellee if an appeal is frivolous. An appeal is …

District Court Abused Its Discretion in Awarding Fees by Relying on Unsupported Conclusions and by Giving Certain Evidence Undue Weight

Authored by Rose Cordero Prey, Michael Block, Jean Dassie and Vaibhav Sharma LARGE AUDIENCE DISPLAY  v. TENNMAN.: Oct. 20, 2016. Before Moore, Linn, and O’Malley, per curiam. (nonprecedential) The Takeaway: The record must support the circumstances upon which a district court relies in finding a case exceptional and awarding fees. Courts …

Federal Circuit Agrees with District Court in a Dispute over Inventorship of Patents Directed to Removal of Volatile Fuel Vapors from Storage Tanks

Authored by Rose Cordero Prey, Ksenia Takhistova and William Uhr VAPOR POINT LLC V. MOORHEAD, Nos. 2015-1801, 2015-2003 (Fed. Cir. Aug. 10, 2016) (precedential).  On appeal from S.D. Tex. Before O’Malley, Chen, and Stoll. Per curiam. Procedural Posture: Plaintiff Vapor Point sued seeking recognition of two individual plaintiffs, Mr. Nathan …

Judgment of Noninfringement Vacated Because of Intervening Divided-Infringement Decision

Authored by Georg C. Reitboeck, Peter A. Sheppard, and Alex Lei Digest of Mankes v. Vivid Seats Ltd., Nos. 2015-1500, -1501, -1909 (Fed. Cir. April 22, 2016) (precedential). On appeal from E.D.N.C. Before Taranto, Schall, and Chen. Procedural Posture: Plaintiff-appellant appealed judgment on the pleadings of noninfringement. Defendant-appellee appealed denial …