Fed. Circ. Won't Add To $4.4M Atty Fee In IP Suit Gov't Lost

Law360 (July 29, 2020, 10:10 PM EDT) -- The Federal Circuit on Wednesday refused to tack supplemental attorney fees onto a $4.4 million fee award and a $200,000 judgment against the government in a patent case out of the U.S. Court of Federal Claims, ruling that only the claims court has the authority to grant such fee requests.

In a unanimous unpublished decision, the panel rejected the May 29 request for the government to pay appellate fees accrued by Hitkansut LLC and Acceledyne Technologies Ltd. LLC, which had argued that Section 1498 of the Patent Act provides the Federal Circuit with such authority.

"Section 1498 is a limited waiver...

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