Patent litigation often can be bitter, with the parties engaging in aggressive, or overly aggressive strategies. Parties should be cautioned that in exceptional cases, this can result in an award of attorney fees.

Earlier this year, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s decision in nCube Corporation v. SeaChange International, 313 FSupp2d 361 (D. Del. 2004), aff’d, 436 F3d 1317 (Fed. Cir. 2006), in which the trial court awarded partial attorney fees to nCube, a multiservice computer communications network company. This occurred after a jury found that SeaChange had willfully infringed nCube’s computer network data patent.[FOOTNOTE 1]

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