Denial of Attorneys’ Fees Is Reversed for Abuse of Discretion

ADJUSTACAM, LLC v. NEWEGG, INC.: July 5, 2017. Before Reyna, Mayer, Hughes. Takeaway: Denial of attorneys’ fees under § 285 is reviewed under an abuse of discretion standard. While district courts are owed deference in deciding fees motions, that deference is not absolute, and the CAFC will not defer to …

Expenses Incurred by Government Attorneys during a 35 U.S.C. § 145 Appeal Can Be Recovered by the USPTO

NANTKWEST, INC. v. MATAL: June 23, 2017.  Before Prost, Dyk, and Stoll.   Takeaway: Expenses incurred by USPTO during a 35 U.S.C. § 145 appeal include a pro-rata share of the incurred attorneys’ fees. The American Rule denying attorneys’ fees to the prevailing party does not apply when applicable statute specifically and …

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 (nonprecedential) The Takeaway: The record must support the circumstances upon which a district court relies in finding a case exceptional and awarding fees.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 …