The Federal Circuit sided with attorney Mark Lemley that a pattern of litigation abuse should factor into fee shifting but denied fees in Newegg's case.
July 10, 2015 at 01:58 PM
1 minute read
The original version of this story was published on Law.Com
Online retailer Newegg Inc. won a small skirmish Friday in its long-running battle to change the law of patent case fee shifting. But the win didn’t put any money in its pocket.
The U.S. Court of Appeals for the Federal Circuit ruled Friday that district court judges may take a nonpracticing entity’s settlement behavior into account when deciding whether a case is “exceptional” and deserving of a fee award.
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