In a rare grant of legal fees in a patent case, a federal judge in New Jersey has held a plaintiff clothing company liable for up to $2.5 million it cost competitors and retailers to defeat an infringement claim over a garment for nursing mothers. The decision demonstrates the danger patent holders face when their infringement claims turn into referendums on whether the original invention deserved protection in the first place and whether the patent was obtained by inequitable conduct.
Fee Award Shows Risks of Exposing Threadbare Patents to Light of Litigation
New Jersey Law Journal
October 23, 2008