Federal Circuit on calculating reasonable Section 285 attorney fees under Octane Fitness

Section 285 of the Patent Act provides that a district “court in exceptional cases may award reasonable attorney fees to the prevailing party.” The Supreme Court in Octane Fitness v. Icon Health held that an exceptional case “is simply one that stands out from others with respect to the substantive strength of a …

Fees for entire suit proper where plaintiff’s misconduct permeated the entire case

Large Audience Display v. Tennman is a nonprecedential case decided on August 20, 2018 on appeal from the Central District of California. After the PTO issued an IPR certificate cancelling all of Plaintiff Large Audience’s claims asserted in the district court, the district court dismissed the case with prejudice. On remand …

In calculating attorney fees, the trial court should use market rates of the forum state

Large Audience Display v. Tennman is a nonprecedential case decided on October 20, 2016 on appeal from the Central District of California. There, after the PTO issued an IPR certificate cancelling all of Plaintiff Large Audience’s claims asserted in the district court, the district court dismissed the case with prejudice. Defendants …

No enhancement because the lodestar method is presumptively reasonable for attorney fees

Lumen View Tech. v. Findthebest.com was decided on January 22, 2016 on appeal from the Southern District of New York. There, the district court held that plaintiff-Lumen View’s patent was directed to an abstract idea, and therefore was invalid under § 101. Defendant Findthebest then moved for an award of attorney fees under § …