Monday, April 20, 2015

Attorney Fees for Non-Patent Claims Recoverable Under 35 U.S.C. § 285

The court granted defendants' motion for attorney fees under 35 U.S.C. § 285 including defending against plaintiffs' claim for breach of a license agreement. "[T]he Federal Circuit has recognized that 'in an action having both patent and non-patent claims, recovery may be had under § 285 for the non-patent claims if the issues involved therewith are intertwined with the patent issues.'. . . [R]esolution of all of Plaintiffs’ claims turned on the true coverage of the Method Patent and the implications of that coverage with respect to the [contract]. . . . Because the claims share an underlying factual basis and apportioning fees between the claims would be unfeasible, under both the law of the Federal Circuit and Nevada law, the Court need not segregate the fee award."

Home Gambling Network, Inc., et al v. Chris Piche, et al, 2-05-cv-00610 (NVD April 16, 2015, Order) (Ezra, J.)

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