Tag Archives: Attorney Fees

Objectively Reasonable Defense Precludes Enhanced Patent Damages

In the non-precedential opinion in Lee v. Mike’s Novelties, Inc., the Federal Circuit affirmed the district court’s judgment of infringement and no invalidity, but reversed the finding of willful infringement. In so doing, the court provides a summary of the black letter law on enhanced patent damages. … Continue reading this entry

What Makes A Patent Case "Exceptional"?

In MarcTec LLC v. Johnson & Johnson, the Federal Circuit upheld the district court’s finding that the case was “exceptional” under 35 USC § 285 and upheld its award of $3,873,865.01 in attorney fees and expenses and $809,788.02 in expert fees. It is interesting to consider the factors the court considered in upholding these awards.… Continue reading this entry