35 U.S.C. §285 Permits Attorneys’ Fee Award for Post-Settlement Conduct “Intertwined” with Patent Issues

The court granted plaintiff's motion for attorneys' fees under 35 U.S.C. § 285 for enforcement of the parties' settlement agreement. "[E]ven assuming [defendant's] breach was inadvertent, [defendant] nonetheless infringed [plaintiff's] patent by continuing to sell the infringing product. Considering [defendant's] unreasonable conduct throughout settlement negotiations and in the post-settlement dispute, along with the clear continued infringement of [plaintiff's] patent in violation of both the permanent injunction and the settlement agreement, the Court finds the post-settlement issues asserted by [plaintiff] are so 'intertwined with patent issues' that the attorneys' fees provision of 35 U.S.C. § 285 applies."

Fitness IQ, LLC v. TV Products USA, Inc., 3-10-cv-02584 (CASD September 14, 2012, Order) (McCurine, M.J.).