Fed. Circ. Revives Orbis Bid For Fees In Buckhorn IP Case

Law360, New York (September 19, 2013, 3:10 PM EDT) -- The Federal Circuit on Thursday reversed a ruling that Orbis Corp. was not entitled to attorneys' fees after a container patent suit against it by Buckhorn Inc. was dismissed, rejecting the lower court's conclusion that awarding fees would be "unconscionable."

Orbis was granted summary judgment based on its defense that its predecessor company had licensed the patent-in-suit. The lower court found that although the earlier agreement included a fee-shifting provision, it did not apply because Buckhorn was unaware of the agreement.

The Federal Circuit concluded that,...
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