United States Federal Circuit

In this patent infringement action, summary judgment of non infringement based on a finding that plaintiff’s Preliminary Infringement Contentions were deficient and because plaintiff objected to the fee-shifting sanction imposed as a condition of supplementing the Contentions is vacated, where the district court exceeded its discretion in imposing the condition of payment of the defendants’ attorney fees and costs in order to permit plaintiff to supplement its Preliminary Infringement Contentions, as the exercise of a court’s inherent authority to levy a sanction as a condition of supplementing the Contentions requires conduct that constituted or was tantamount to bad faith.

Appellate Information

• Decided 10/20/2014
• Published 10/20/2014

Judges

• Newman

Court

• United States Federal Circuit

Counsel