United States Federal Circuit

In a case in which a patent holder's infringement case was dismissed on summary judgment and the district court subsequently granted the defendants' motion for an award of attorney's fees and expert witness fees, judgment is affirmed where: 1) the district court did not err in declaring the case "exceptional" under 35 U.S.C. section 285 and finding that the patent holder's claims were brought in bad faith and were objectively baseless, and that the patent holder engaged in litigation misconduct; and 2) the district court did not abuse its discretion in awarding expert fees because the patent holder's vexatious conduct and bad faith increased the cost of litigation in ways that were not compensated under 35 U.S.C. section 285.

Appellate Information

• Decided 01/03/2012
• Published 01/03/2012

Judges

• O'Malley

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William L. Mentlik, Gregory L. Diskant