Case exceptional where Plaintiff did not perform a simple test of the...
ThermoLife v. GNC was decided on May 1, 2019 on appeal from the Southern District of California. Plaintiff ThermoLife brought suit against Defendant GNC, and other defendants, for patent infringement....
View ArticleDismissal under Section 101 and subsequent grant of attorney fees are vacated
CellSpin Soft v. Fitbit was decided on June 25, 2019 on appeal from the Northern District of California. Plaintiff CellSpin filed more than a dozen cases alleging infringement of certain patents. On a...
View ArticleWillfulness, enhancement, and attorney fees vacated
SRI International v. Cisco was originally decided on March 20, 2019, and modified on July 12, 2019 on appeal from the District of Delaware. In the modified opinion, the Federal Circuit vacated the...
View ArticleCase is not necessarily exceptional where litigation costs exceed the...
ATEN International v. Uniclass was decided on August 6, 2019 on appeal from the Central District of California. The district court granted defendant Uniclass summary judgment on plaintiff ATEN’s lost...
View ArticleAttorney fees based on litigation misconduct reversed because movant is no...
UCP v. Balsam Brands is a nonprecedential case decided on September 19, 2019 on appeal from the Northern District of California. The district court granted declaratory judgment plaintiff UCP’s motion...
View ArticleFees warranted because of NPE plaintiff’s unreasonable conduct and to deter...
Blackbird v. Health In Motion was decided on December 16, 2019 on appeal from the Central District of California. “[S]hortly before discovery was scheduled to end,” defendant Health In Motion filed a...
View ArticleDenial of summary judgment of invalidity does not conclusively show objective...
Eko Brands v. Adrian Rivera Maynez was decided on January 13, 2020, on appeal from the Western District of Washington. Plaintiff Eko filed a declaratory judgment and an infringement action against...
View ArticleFees reversed for failure to show facts of Plaintiff’s unreasonable positions...
Munchkin v. Luv N’ Care was decided on June 8, 2020, on appeal from the Central District of California. Plaintiff Munchkin sued Defendant Luv N’ Care for unfair competition, trademark infringement,...
View ArticleDenial of fees vacated where plaintiff filed multiple suits to obtain...
Electronic Communication Technologies v. ShoppersChoice.com was decided on July 1, 2020, on appeal from the Southern District of Florida. The district court granted Defendant ShoppersChoice’s motion...
View ArticleCase not exceptional where objectionable conduct was previously considered in...
Khan v. Hemosphere is a nonprecendential case decided on August 13, 2020, on appeal from the Northern District of Illinois. Pro se plaintiffs Khans “alleged that the defendant corporations, hospitals,...
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