United States Federal Circuit

In a patent infringement suit against Google, Inc., brought by an Internet company, involving a patent directed to a method for adding a user selectable function to a hyperlink, district court's order finding this case exceptional under 35 U.S.C. section 285 and awarding attorneys' fees and costs and expenses to Google, is reversed and remanded where: 1) although plaintiff was ultimately unsuccessful in its patent infringement suit, Google has not met its high burden to show by clear and convincing evidence that this suit was brought frivolously or that plaintiff's position on claim construction was objectively baseless; and 2) because there is no basis for finding of bad faith, the award of expert fees is set aside.

Appellate Information

• Decided 01/11/2011
• Published 01/11/2011

Judges

• DYK

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David E. Schmit, Frank E. Scherkenbach