A&O Shearman | IP Blog | Home
IP Litigation
This links to the home page

  • Federal Circuit Holds Attorneys’ Fees Under 35 U.S.C. § 285 Do Not Include Parallel IPR Fees And Denies Recovery From Plaintiff’s Counsel

    On May 20, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) affirmed the United States District Court for the District of Delaware’s decision to deny recovery of attorneys’ fees incurred in inter partes review proceedings (“IPRs”), as well as recovery from plaintiff’s counsel. Dragon Intellectual Property, LLC (“Dragon”) separately sued DISH Network L.L.C. (“DISH”) and Sirius XM Radio Inc. (“SXM”), as well as eight other defendants, for patent infringement in December 2013. DISH and SXM (collectively, “Appellants”) sent letters to Dragon’s counsel explaining that their products do not practice the asserted claims and that a reasonable pre-suit investigation would have shown that. Ignoring the letters, Dragon continued to pursue its lawsuits.

    Categories : Attorney's FeesSection 285